Cian O'Carroll Solicitors have recently achieved a settlement of €750,000 for a young mother who suffered a negligent misdiagnosis of breast cancer.
The negligence related to failure to conduct triple assessment in accordance with the protocol established by HIQA for symptomatic breast care in Ireland.
As a consequence, our client suffered a loss of her chance at a cure, the cancer was allowed to spread. The resulting harm was catastrophic for her and her young family.
Due to the dire prognosis for our client and her wish to have the action concluded with the greatest possible speed, we were successful in having the case admitted to case management – a process whereby the Court truncates the entire litigation process that might normally take a few years into just a few months.
Through this procedure, we were able to bring the case from date of initial instructions through to the trial within 24 weeks. As is often the case, settlement was achieved shortly before the trial began once a judge was assigned. Damages were in the sum of €1m, most of which was calculated to provide for the care and support that her family will require in the absence of her loving care and financial contribution.
It was necessary in this case to act with extreme haste, gather all necessary medical records and imagery, instruct the relevant experts witnesses on liability issues being a breast surgeon / oncologist, radiologist and a histopathologist. For determining the appropriate extent of the damages, we sought expert opinions from a nursing care specialist and actuaries to complete the presentation of the case.
Our client died not long after the conclusion of the case but drew great comfort from having established the wrong that had been done to her and put in place at least some meaningful financial supports to ensure that her children were provided for even if that was in the absence of her devoted love and guidance.
Indaville, Boherclogh, Cashel, Co. Tipperary, E25 V448