Case Study: June 2026
Alaina Hogan of Cian O’Carroll Solicitors recently secured a €1.5 million settlement in a complex medical negligence case involving the delayed diagnosis of recurrent breast cancer.
More than a decade before the events giving rise to this case, our client had been successfully treated for Stage 1 breast cancer. Following surgery and radiotherapy, she remained under regular oncology surveillance and was repeatedly reassured that her prognosis was excellent.
Twelve years later, she attended her treating surgeon after discovering a new breast lump. Given her medical history, this development understandably caused significant concern. However, she was reassured that the lump was likely related to previous surgery and was advised that an ultrasound scan would be arranged for reassurance.
Despite her best efforts, that investigation did not take place for approximately fifteen months.
When the ultrasound was eventually performed, the report recommended further investigation if symptoms persisted. Unfortunately, this recommendation was not communicated to our client. When she later developed additional symptoms, including breast and arm pain, urgent investigations finally took place. These confirmed that her cancer had recurred and had already spread beyond the breast. By this stage, the disease was incurable.
We obtained independent expert evidence from leading specialists in breast surgery, oncology and radiology. Our experts were very critical of the failure to arrange immediate triple assessment when our client first presented with a new breast lump. They also identified failures in the management of the imaging referral process and concluded that the recurrence would likely have been diagnosed at a much earlier and potentially curable stage had appropriate investigations been undertaken.
Expert evidence further suggested that signs of recurrence may have been detectable several years earlier and that enhanced surveillance imaging should have been considered in light of the residual breast tissue visible on previous scans.
The consequences for our client were profound. Instead of facing treatment for a localised recurrence with the prospect of cure, she was forced to confront a diagnosis of incurable metastatic breast cancer and a significantly shortened life expectancy.
As the case progressed through the High Court, detailed evidence was obtained regarding her future medical needs, care requirements, loss of earnings and loss of career opportunity. The case was successfully resolved through mediation shortly before the scheduled trial.
The achievement is a hollow one given the terrible health outcome for our client and her loving family but it does provide security, support and recognition of the failings that profoundly changed our client’s future.