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

    Dear Joice… you are and have been very professional, sympathetic and dignified in all of your dealings with us and I put that down to one simple fact. You listened.

    James, Medical Negligence Client

    Neil is an absolute gentleman to deal with – kind, tactful and very efficient. We could not praise him highly enough. He brought us through a horrible time.

    Sean, Medical Negligence Client

    Many thanks again for a job well done. We really appreciate all your hard work and practical advice.

    Corporate client in a commercial litigation matter

    Dear Jamie, You and your team in ACL were so professional, diligent and prompt. I have recommended you and the firm, and will continue to do so.

    Lorraine McCarthy

    Gus Cullen and the firm’s approach to addressing the key issues was professional, yet personal, efficient yet attentive.


    The process is a difficult one and when you deal with people who are so professional and yet genuine/real people, it makes it so much easier... so thanks a million.


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