James McSweeney Solicitors recently acted for the victim of a delayed diagnosis of breast cancer. The matter was very hard fought by the Defendants who appeared to be trying to drag the case out even though there was very clear evidence of negligence on the part of the doctors involved. The way the Doctors chose to defend the action, in spite of irrefutable evidence of negligence, resulted in our Client making a formal claim for Aggravated Damages. This is still quite rare in Ireland. Aggravated Damages can be awarded by the Court as compensation for egregious or exceptionally bad behaviour by the Defendants in the way they go about defending the case. In the end the Defendants withdrew their formal Defence and admitted Liability for our Clients injuries, but only at the last second and just before the case was to be heard in Court. The case settled for a considerable sum in Damages and, as part of the Settlement, the Defendants issued a formal written apology. Every year a considerable number of people suffer as a result of this kind of negligence. The consequences are serious for the victim, especially when there is a delayed diagnosis of Cancer. Remember that there is a time limit of two years from the date of the negligent event with few exceptions. If you feel that you have been the victim of such negligence then you should seek legal advice as soon as possible.
Irish statistics show that breast cancer is the leading cause of cancer in women with 2500 cases diagnosed every year. The numbers are such that there is a nationwide screening system in place and there is no excuse for a doctor who chooses not to follow he published guidelines.
For further information on the GP referral guidelines please follow the following link. If you are worried about any physical changes that you have noticed, your GP should follow these guidelines and get you to the relevant support and investigation unit within the time limits set out here:
http://www.hse.ie/eng/services/list/5/cancer/archive/Statistics/Breast_Cancer_Referral_Guideline.pdf