ACL settle case involving delay in diagnosis of breast cancer
16 November 2011LB –v- HSE
The Plaintiff in this case attended her Consultant in October 2007 complaining of pain/tenderness and an area of thickening on the left side of her breast. The Consultant carried out a physical examination of the Plaintiff, but did not carry out a mammogram or biopsy. The Plaintiff was reassured, but continued to have concerns and ultimately in February 2010, she was diagnosed with Breast Cancer. At that point the Cancer, which was perfectly treatable in 2007, had spread to both of her lungs and was no longer curable. As a result, the Plaintiff’s life expectancy was reduced by approximately 20 years and due to her illness, she had to retire early from her job.
Proceedings were issued in October 2010 and the Defence was received on 18th April 2011. Negligence was admitted by the Defendants in their Defence, although causation was not admitted at that time. Given the Plaintiff’s very short life expectancy, mediation was sought by the Plaintiff’s Solicitors and on 11th July 2011, a letter conceding causation was received from the Defendants. The Mediation occurred on 18th July 2011, at which the matter settled. The Plaintiff received a total amount of €545,000.00 to include both general damages (for pain, suffering and reduced life expectancy) and Special Damages (for losses and expenses).
