This was a particularly tragic case arising out of the failure to diagnose the Plaintiff with lung cancer in 2008/2009. The Plaintiff had been attending with her Consultant Respiratory Physician for a number of years due to ongoing lung problems. She was being monitored by way of regular x-rays and scans. However, due to negligence on the part of her Respiratory Consultant and her Radiologist, abnormalities in her scans were overlooked and not acted upon until the Plaintiff was eventually diagnosed with incurable stage IV lung cancer in 2012.
Having been consulted by the Plaintiff, Augustus Cullen Law carried out a thorough investigation of the treatment which had been provided and commissioned independent reports from experts in respiratory medicine, oncology and radiology. It became clear that there had been a number of missed opportunities to diagnose the Plaintiff’s lung cancer in 2008 and 2009 and, had such a diagnosis been made, it was clear that the Plaintiff’s cancer would have been very treatable at that stage with an excellent long term prognosis.
High Court proceedings were commenced in October 2013 and, due to the Plaintiff’s limited life expectancy, an application was made to the High Court to have the claim fast tracked to an early hearing date. In December 2013 the High Court listed this matter to be heard commencing on 13th March 2014. A Defence was delivered on behalf of each Defendant in February 2014 in which certain admissions were made regarding the standard of medical care which had been provided to the Plaintiff. However, it was denied that any shortcomings in the medical care had any significant impact on the Plaintiff’s prognosis due to the nature of the lung cancer which had been diagnosed.
Settlement negotiations commenced in advance of the scheduled trial date culminating in the Defendants agreeing to pay the Plaintiff the sum of €370,000, together with legal costs, which sum represented the full value of this claim. Unfortunately Pamela was subsequently diagnosed in July 2012.
22 December 2014