In the developed world, as many as 1 in 3 people will develop some form of cancer in their lifetime. Where a delay in timely diagnosis or treatment has worsened a patient's prognosis, that can found a claim in negligence. Michael Boylan has successfully pursued many such oncology and cancer cases.
Cancer and the importance of timely treatment
In the developed world as many as 1 in 3 people will develop some form of cancer at some point in their lifetime and this disease remains one of the greatest causes of mortality in the developed world.
However, dramatic improvements have been made over the past decade in the treatment of many forms of cancer which have resulted in a significant improvement to patient outcomes. Thus in many cases if the diagnosis is made early enough and the correct treatment given in a timely fashion this can result in a complete cure or a significant prolongation of life expectancy.
How negligence arises in cancer cases
In many cases that have been successfully pursued by Michael Boylan, the central allegation of negligence has involved an allegation of delay in a proper timely diagnosis of the cancer and thus timely treatment (either by way of chemotherapy, radiotherapy or surgery) has been delayed with the result that the prognosis for survival has been worsened or more radical invasive treatment has become necessary.
Often, the delay in proper diagnosis can result from a failure to carry out, properly analyse and react to abnormal blood tests; failure to perform scans or X-rays; failure to properly read or interpret such scans or X-rays; or failure to perform core biopsies. Sometimes the negligence can involve poorly performed surgery. Less often, medication or dosage errors occur so that the patient receives an excess or too little of a drug or radiation with adverse effects.
Recent cases of note
- Family settle case over care given for thyroid cancer at Cork University Hospital
- Oncology Case — Misdiagnosis of Pancreatic Cancer
- Substantial damages in prostate cancer case for failure to diagnose/late diagnosis in 33 year old
- Brain-damaged boy gets €2.7m in claim settlement
- Galway woman wins substantial damages for 11 year failure to diagnose breast cancer
- Proceedings were initiated on behalf of the Plaintiff for failure to diagnose breast cancer resulting in mastectomy and removal of spleen
- Substantial damages for Plaintiff who suffered delayed diagnosis of cancerous tumour
- Substantial settlement for woman arising out of misreporting of cervical smear test
- Settlement of case involving delay in diagnosis of breast cancer
- Dublin woman wins substantial damages for chemotherapy overdose in treating brain tumour
