Case Study: February 2016
Cian O’Carroll Solicitors client, a woman in her early 60’s attended her local HSE hospital with ongoing stomach pain. An endoscopy and biopsy were performed, and the laboratory confirmed stomach cancer. However, the result was not flagged, and the consultant failed to read the report fully. No action was taken for over a year, until the National Cancer Registry contacted the hospital.
By then, the cancer had advanced and spread. She underwent extensive surgery, chemotherapy, and radiotherapy, but tragically, the disease was incurable, and she later died. Expert evidence confirmed that with prompt treatment, she would most likely have avoided the spread to her lymph nodes, faced less invasive therapy, and had a significantly better chance of long-term survival.
Liability for failing to act on the biopsy result was eventually admitted, but only after urgent High Court proceedings were progressed. The case was settled at mediation for approximately €1 million, along with an apology and all associated legal costs.