Delayed Cancer Diagnosis Claims: A Step-by-Step Guide

Introduction

The recent revelations regarding the misclassification of pre-cancerous cells at Our Lady of Lourdes Hospital in Drogheda have understandably caused significant concern among patients, especially those contacted under the HSE’s Open Disclosure procedures. The potential impact of such errors on patient health is deeply troubling.

In our latest Guide, we outline a clear, step-by-step process for making a delayed cancer diagnosis claim and the relevant timeframes involved.

How is Cancer Diagnosed?

Many types of cancer are diagnosed using radiological scans, such as CT or X-rays, and confirmed with a biopsy. The treatment options available to you will usually depend on two main factors:

• The type of cancer, e.g. lung or ovarian cancer

• How advanced the cancer is, often referred to as its “Stage,” which typically ranges from Stage 1 to Stage 4

What is a Delayed Cancer Diagnosis?

In general, the more advanced the cancer, the fewer treatment options may be available, and those treatments may be more intensive. Unfortunately, if cancer is not caught until a later stage, it can have a serious impact on your long-term health and prognosis. Early detection is often key to improving outcomes.

What is involved in a Delayed Cancer Diagnosis Claim?

The effects of a delayed cancer diagnosis can vary greatly depending on how long the delay was and how it affected your treatment and overall health outlook. In some cases, a delay may mean you now need more aggressive or invasive treatments—treatments that could impact your ability to work, care for your family, or live independently.

You may also face significant care needs, including medical expenses and support services, which can place a major financial burden on you and your loved ones.

If you are considering making a Medical Negligence claim for a delayed cancer diagnosis, there are two main things that must be established:

• Liability: That there was a missed opportunity by the hospital or your medical team to detect and diagnose the cancer earlier than they did.

• Causation: That this delay led to the cancer progressing further than it otherwise would have—and that the prognosis, treatment options, and long-term outcome are significantly worse as a result.

How do I take a Delayed Cancer Diagnosis Claim?

If you believe you may have experienced a delayed cancer diagnosis, it’s important to take the right steps to protect your rights and explore your legal options.

1) Contact a Solicitor with Medical Negligence Expertise

Reach out to a Solicitor who specialises in Medical Negligence cases, such as Avril Scally or Grace Molloy, who can guide you through the legal process.

2) Prepare a Detailed Account

Write down a clear, detailed account of your experience, including when and how your symptoms began, how your diagnosis unfolded, and how the delay has impacted your life. This will help your solicitor to fully understand your situation.

3) Instruct Your Solicitor to Obtain Medical Records

Your solicitor will request copies of your medical records from the relevant hospitals and healthcare providers.

4) Obtain Expert Medical Reports

To support your claim, expert opinions will be needed. Depending on your case, this may involve consultations with specialists such as a radiologist, histopathologist, and/or an oncologist. These experts will assess whether the delay could and should have been avoided (liability), and how it has affected your outcome (causation).

5) Issue Proceedings

If the expert reports support your claim on both liability and causation, your Solicitor will issue legal proceedings on your behalf in the High Court.

6) Assess the Value of Your Case

Once proceedings are issued, your legal team will work to fully assess the impact of the delay, including your medical needs, loss of earnings, ongoing care requirements and emotional distress. This ensures that the full extent of your damages is captured.

7) Advance to Trial or Mediation

When your case is ready, your Solicitor will either schedule the matter for trial or seek to resolve the case through mediation with the defendants.

How is Compensation Assessed?

Compensation in a Medical Negligence or Personal Injury claim is typically divided into two main categories:

General Damages
This covers compensation for your pain, suffering, and loss of amenity—in other words, the physical and emotional impact the delayed diagnosis has had on your quality of life.

Special Damages
This refers to your financial losses, which are further broken down into:

• Past losses (e.g. expenses already incurred)

• Future losses (e.g. anticipated costs moving forward)

What if I have lost a loved one as a result of a Delayed Cancer Diagnosis?

If it is the case that you have lost a loved one as result of a Delayed Cancer Diagnosis, then you or the appointed personal representative of the deceased may be able to make a claim under the terms of the Civil Liability Act, 1961, Part 4. This is known as a Fatal Injury claim and will involve many of the same steps as detailed above.

In terms of compensation, these cases include claims for loss of dependency and damages for mental distress (solatium).

What are the Time Limits involved in making a Medical Negligence claim?

Under the Statute of Limitations patients have two years from the date of the negligence or  knowledge of the negligence within which to file a claim. In Fatal Injury claims, the two-year limitation period runs from the date of death.

These time limitations are very strictly enforced, and it is very important that you consult a Medical Negligence Solicitor well in advance of any potential limitation date in order to avoid potentially missing the deadline.

How can Lavelle Partners Help?

Delayed Cancer Diagnosis can be complex, and individuals who have suffered need expert legal support, ideally from the earliest stages of their recovery.

At Lavelle Partners, our dedicated team of specialist Medical Negligence Solicitors can support you through every step of the process. With over 35 years of experience in handling complex Medical Negligence & Personal Injury cases, we are committed to achieving the very best possible outcomes for our clients.

Further Information

If you or a loved one have been impacted by the miscategorising of pre-cancerous cells in Our Lady of Lourdes Hospital in Drogheda, or by any delayed cancer diagnosis, please contact Partner Avril Scally or Solicitor Grace Molloy in our award-wining Medical Negligence & Personal Injury Team.