Breast Cancer Medical Negligence
Breast Cancer Medical Negligence. If you’ve experienced a delayed or missed breast cancer diagnosis, we understand how overwhelming this time can be. Our expert team is here to guide you with care, clarity, and compassion—every step of the way.
What is Breast Cancer Medical Negligence?
Breast cancer medical negligence occurs when a healthcare professional fails to meet expected standards.
This can include:
- Missing or misdiagnosing early signs (e.g., lump ignored or wrongly identified)
- Lack of timely referral to specialists or required scans
- Treatment delays or starting the wrong treatment
- Surgical or pathology errors
- Inadequate communication about risks, findings, follow-up
Speak to our legal team now about your case. Call us
Freephone on:
+353 (0)1 264 5555
What sort of claims are possible?
To have a strong case, two things must be proven:
That care fell below acceptable medical standards
- More intensive surgery or treatment
- Loss of chance at cure/survival
- Physical suffering
- Financial losses (e.g. travel, missed work)
- Psychological distress
Medical Negligence Claims
Cosmetic Surgery Claims
- Cosmetic Surgery Claims
- Blepharoplasty Claims
- Rhinoplasty Claims
- Liposuction Error Claims
- Gastric Band Surgery
Medical Care and Surgery Claims
- Hospital Negligence Claims
- GP Negligence Claims
- Dental Negligence Claims
- Prescription Errors
- Retained Surgical Instruments Claims
- Breast Surgery Claims
Birth & Gynaecological Claims
- Birth Injury Claims
- Cerebral Palsy Claims
- Erb’s Palsy Disorder Claims
- Gynaecological Injury Claims
- Obstetric Injury Claims
- Forceps Injury Claims
- Perineal Tear Injury Claims
Oncology Claims
- Cancer Misdiagnosis Claims
- Breast Cancer
- Hepatitis C Claims
Examples of Breast Cancer Medical Negligence
Failure to Refer to a Specialist:
› If a general practitioner (GP) identifies potential symptoms of breast cancer but fails to refer the patient to a specialist, this can result in delays that allow the cancer to progress. Early referral to an oncologist or breast surgeon is critical for timely diagnosis and treatment.
Failure to Perform a Biopsy:
› A biopsy is an essential step in confirming the presence of breast cancer. If a healthcare provider fails to perform this procedure when symptoms or imaging results suggest cancer, it can prevent early diagnosis and delay necessary treatment.
Failure to Properly Investigate Symptoms:
› Ignoring or inadequately investigating symptoms like lumps, pain, or unusual changes in the breast can lead to a missed or delayed diagnosis. A thorough examination and appropriate diagnostic tests are crucial to identifying breast cancer at an early stage.
Misinterpretation of Scans and Test Results:
› Accurate interpretation of mammograms, ultrasounds, and other diagnostic tests is vital. If a radiologist or other medical professional misinterprets these results, it can lead to incorrect or missed diagnoses, delaying critical treatment.
Failure to Provide Appropriate Advice and Follow-Up for BRCA Gene:
› Individuals diagnosed with the BRCA gene mutation have a higher risk of developing breast cancer. Medical professionals must provide clear advice on preventive measures and ensure rigorous follow-up care, including regular screenings and monitoring. Neglecting this responsibility can increase the patient’s risk of developing advanced breast cancer.
Failure to Refer for Relevant CT/MRI Scans:
› When initial tests indicate the possibility of breast cancer, additional imaging such as CT or MRI scans may be necessary to assess the extent of the disease. A failure to refer a patient for these scans can result in an incomplete understanding of the cancer’s progression and hinder appropriate treatment planning.
Misdiagnosis or Wrong Diagnosis:
› Providing an incorrect diagnosis or failing to diagnose breast cancer altogether is a grave error. Misdiagnosing breast cancer as a benign condition, or not identifying it at all, can lead to a lack of treatment, allowing the cancer to advance unchecked.
Because your story matters-just like theirs ..
I am writing this review as an absolute necessity as I cannot let the work done by Gibson and associates to go by without acknowledgement. I would recommend this firm to anybody in need of legal assistance.
I want to single out Ms Anna O Donoghue for a special thank you for exceptional knowledge and the professionalism needed for the complexity of these cases that we brought to Gibson and associates, Thank you Anna, we would have been lost without you.
Also a massive thank you to our amazing barrister Mr John Kerr BL, unbelievable professionalism honesty and knowledge and a great result for us . Thank you all for the hard work you all did for us Sinead Ivory and the team at Gibson and associates.
Michael Waters
Always kept me updated throughout the case and very happy with their work .
Keith Ahern
Gibson & Assoiciates are pleasure to deal with, they where very helpful from the start and provided great communication all the way through my case and where always available when I needed them, especially Jessica who always found the time to provide me with updates. 5 star service!
Joe
JJakub Babiarz
Case Studies
How We Work: Step By Step Process
A medical negligence claim typically moves through investigation, expert assessment, pre‑litigation steps and then, if not resolved, formal court proceedings and potential trial. In Ireland these claims usually bypass PIAB and issue directly in the courts due to their complexity.
1. Initial investigation
- Take a detailed history of treatment, symptoms, and alleged failings, and identify potential defendants (GP, consultant, hospital, HSE, private clinic).
- Obtain and review all relevant medical records, imaging and test results, along with any prior complaints or correspondence.
2. Expert opinion and case assessment
- Instruct an appropriately qualified independent medical expert to address both negligence (substandard care) and causation (did that substandard care cause the injury).
- Only if a supportive expert report is obtained will a solicitor typically advise proceeding with a medical negligence claim.
3. Pre‑action steps
- Send a detailed letter of claim to the practitioner/hospital/HSE, setting out the alleged negligence, injuries, and inviting proposals to settle; protocols increasingly encourage early disclosure and ADR.
- Allow time for a reasoned response (admissions/denials, records and possibly expert reports) and explore negotiation or mediation where appropriate.
4. Issuing proceedings
- Draft and issue a Personal Injuries Summons (or equivalent originating document), usually in the High Court, pleading the factual narrative, alleged breaches, causation and loss, supported by the expert opinion.
- Serve proceedings on the defendants, who will enter an Appearance and Defence, often accompanied by their own expert reports; further condition and prognosis reports may be obtained as the case progresses.
5. Case management, resolution or trial
- Engage in discovery, exchange of witness and expert reports, and attend case‑management or clinical negligence list reviews, with ongoing settlement discussions or ADR.
- If not resolved, proceed to trial where the judge assesses expert and lay evidence on breach, causation and quantum, and awards or dismisses the claim; limitation is generally two years from the date of injury or knowledge, subject to special rules for minors.
Why you can trust Gibson & Associates LLP
Client-Focused Results
If your case qualifies, we’ll pursue it with determination and diligence to get the best possible result for you
Clear & Honest Guidance
We offer transparent, straightforward advice on the strength of your case and the likely outcomes—no legal jargon.
Accredited & Trusted
We are proud members of the Law Society of Ireland, delivering expert legal services with integrity and care.
Experienced Personal Injury Solicitors
Our dedicated team has years of experience handling personal injury claims — from road traffic accidents to workplace injuries.
Medical Negligence – No Win, No Fee Explained
Medical negligence occurs when a healthcare provider fails to meet the expected standard of care, resulting in harm to a patient. This can include misdiagnosis, surgical errors, delayed treatment, or incorrect medication. A “No Win, No Fee” arrangement allows individuals to pursue a medical negligence claim without paying upfront legal fees. Instead, payment is only required if the claim is successful. This approach makes it easier and more accessible for individuals to seek fair compensation after being harmed by medical mistakes.
No Upfront Costs:
You don’t pay anything to start the claim.
Access to Justice: It enables people to seek compensation even if they can’t afford legal fees.
Risk-Free: If the case isn’t successful, you typically don’t owe legal fees (subject to terms agreed with your solicitor).
Compensation May Cover: Medical expenses, lost earnings, pain and suffering, and future care needs.
How We Support You Through Your Recovery
At Gibson & Associates LLP, our personal injury team handles all the practical steps of the injury resolution process, allowing you to focus on your recovery.
Our team handles all the aspects of the process for you. This means you don’t have to worry about dealing with paperwork, calls, or attending hearings alone – we are here to guide and support you every step of the way.
Medical Assessment
Arranging medical assessment to identify your needs.
Handling Communications
Handling all communication throughout the process
Exploring Legal Options
Exploring options to help you decide what is best for you
Court Representation
Representing you in court if this is needed
Our Dedicated Medical Negligence Team
Daireann Gibson
Managing Partner
Amanda Walsh
Partner
Anna O’Donoghue
Solicitor
Blathin Cassidy
Soilcitor
Sarah McDaid
Senior Legal Executive
Breast Cancer Negligence FAQ's
1. Is there a time limit before engaging with a solicitor?
Legal proceedings must be commenced within two years of the date of knowledge of the injury, subject to certain exceptions. In a lawsuit, the ‘date of knowledge’ refers to the date on which the plaintiff knew or ought to have known that he or she had suffered an injury.
An important exception is in the case of persons under the age of 18, who are described in law as minors or infants. For minors, the Statute of Limitations ‘clock’ does not begin until a child reaches their eighteenth birthday. For more information see Child Injury Claims.
2. What will compensation cover?
3. How do I access my medical records?
4. What does 'No Win, No Fee' mean?
5. How Long will the Medical Negligence claim take?
The term special damages refers to monetary losses that are quantifiable, such as medical treatment expenses or income loss that has been certified. These are consequential financial losses suffered by you which are directly to the negligent treatment and harm caused.
In other words, these are ‘out-of-pocket’ expenses incurred which might also include the cost of corrective surgery or treatment, medication, rehabilitation costs, travel expenses, and so on.
Medical Negligence
Delayed Diagnosis of Endometriosis in Ireland: A Growing Area of Medical Negligence Litigation
Delayed diagnosis of endometriosis can have life-changing consequences, including chronic pain, disease progression, and reduced fertility. Understanding when a delay may amount to medical negligence is essential for patients seeking answers and accountability.
Cosmetic Surgery Gone Wrong — What Are Your Rights in Ireland?
Cosmetic surgery is on the rise across Ireland, but when procedures go wrong due to medical negligence, the consequences can be devastating. From botched operations to inadequate aftercare, understanding your legal rights is essential to seeking justice and compensation.
Birth Injury Claims: What Parents Need to Know in Ireland
Birth injuries can have lifelong consequences for both child and parent. If medical negligence is suspected—such as delayed Caesarean sections or mismanaged labour—parents may be entitled to pursue a claim. In Ireland, claims can be made on behalf of the child or mother, with extended time limits applying to minors.
Disability Assessment Backlog Set to Exceed 24,000: Legal Support Now More Vital Than Ever
Thousands of children in Ireland are waiting far too long for legally required Assessments of Need. If your child’s rights have been breached, our judicial review team can help you take action.
Medical Negligence FAQ's
1. Is there a time limit before engaging a solicitor for my potential medical negligence action?
There is no separate deadline for engaging a solicitor in Ireland, but medical negligence actions are generally subject to a two-year limitation period. Seeking legal advice as early as possible is important, as investigating a case requires obtaining medical records, consulting experts, and preparing evidence before any limitation period expires.
2. What can I recover by way of compensation if my case succeeds?
Compensation depends on the circumstances of your case and may include damages for pain and suffering, medical expenses, loss of earnings, care costs, rehabilitation, travel expenses, and other financial losses caused by the negligence. In some cases, compensation may also cover future treatment needs and ongoing losses.
3. How do I access my medical records?
We can request your medical records on your behalf once you sign a form of authority. This allows us to obtain records directly from hospitals, GPs, consultants, and other healthcare providers involved in your treatment. Reviewing these records is often an essential first step when investigating a potential claim.
4. What does ‘No Win, No Fee’ mean?
A No Win, No Fee arrangement means we will not charge for our professional legal services if your case is unsuccessful, subject to the terms of our agreement. However, certain expenses, such as expert reports, medical records, and court fees, may still be payable unless otherwise agreed in writing.
5. How long will a Medical Negligence Claim take?
There is no fixed timeframe for a medical negligence claim. The process can take months or several years, depending on the complexity of the case, the availability of medical evidence, whether liability is disputed, and if court proceedings are required. We will keep you updated throughout the process and progress your case as efficiently as possible.