What is a Cancer Misdiagnosis Claim?
Cancer misdiagnosis claims cover delays caused by failure to act on presenting symptoms, failure to refer for investigation, failure to act on abnormal test results, and errors in radiology or pathology reporting. The harm is typically the difference between the outcome you should have had with earlier diagnosis and the outcome that actually occurred.
Am I Entitled to Claim?
You may have a claim if a healthcare provider missed or delayed diagnosis below the standard of reasonably competent practice, and if earlier diagnosis would have materially improved your prognosis or reduced your treatment burden. Even a few months of delay can be critical in fast-moving cancers like breast, colorectal, and lung cancer.
Step-by-Step Process
Obtain All Records
GP records, hospital records, imaging and pathology reports from all providers.
Contact Keans
Free and sensitive consultation. We listen first, then explain what is involved.
Dual Expert Review
We instruct an expert in the specialty involved (GP, radiologist, pathologist) and an oncologist on causation.
Letter of Claim
Formal letter to the HSE, the hospital, or the individual practitioner and their insurer.
High Court Proceedings
Cancer cases are issued in the High Court given their complexity.
Settlement
Most cancer cases settle once expert evidence has been exchanged.
Evidence That Strengthens Your Claim
The stronger the evidence, the more straightforward the claim. Where possible, gather the following:
- Full medical records from the GP, hospital, or clinic in question
- Copies of any consent forms you signed
- Prescription and medication records
- Correspondence between doctors, consultants, and your GP
- A detailed personal account of symptoms, treatment, and conversations
- Records of any complaint submitted to the HSE or the Medical Council
- Reports from any independent medical experts consulted since
- All imaging and pathology results
- Referral correspondence (or lack of it)
- Tumour staging at diagnosis versus estimated staging at earlier dates
Compensation Ranges
Compensation in cancer misdiagnosis cases is fact-dependent and high. We work with oncologists to quantify the "lost chance" or difference in outcome.
Frequently Asked Questions
It depends on the specific symptoms and how they were investigated. Some symptoms have textbook "red flags" that require urgent investigation. A GP who sees red flags and does not refer is at serious risk of being found negligent. Expert review is essential.
Often, yes. Missed findings on imaging that would have been identified by a reasonably competent radiologist are a common cancer misdiagnosis scenario. We obtain the original images and instruct an independent radiologist to re-read.
This is the causation question, and it is decisive. Some cancers progress so quickly that earlier diagnosis would not have changed the outcome. Others have radically different outcomes depending on staging at diagnosis. Expert oncology evidence answers this.
Yes. The estate and dependants can bring the claim. We handle these claims with particular care given the personal context. Initial discussion can happen whenever the family is ready.
No. The initial consultation at Keans is free. For personal injury cases we discuss all fees in writing before work begins. In contentious business, Irish law prevents solicitors from calculating fees as a percentage of your award or settlement.
Most personal injury claims settle without a court hearing, either through the Injuries Resolution Board or through direct negotiation. If court is required, we prepare you carefully and represent you throughout.