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HSE Facing Legal Action in Relation to BreastCheck Misdiagnosis

A BreastCheck misdiagnosis compensation claim against the Health Service Executive (HSE) has been filed by a mother of two.

Siobhan Freeney has alleged that the mammogram which was conducted on her in June 2015 was not assessed correctly. Not long after this she was issued a letter from the BreastCheck service to inform her that the  outcome of the mammogram had been negative in relation to traces of cancer. Around six months after this Ms Freeney given a cancer prognosis in her right breast. Due to this she initiated a legal action, claiming that the initial mammogram should have given a diagnosis of cancer which would have led to more assessments being conducted.

Ms Freeney’s legal representatives Jeremy Maher SC told the Judge that due to this delay in an actual diagnosis being conducted the opportunity to identify the cancer at an early stage was missed. Mr Maher SC told the court that they are making the compensation claim due to the alleged delay in the diagnosis of Ms Freeney’s breast cancer. The breast cancer was not properly diagnosed until December 2015.

there was also an allegation that Ms Freeney was not referred for additional assessment after the tests that were completed at the mobile clinic in Gorey. They said that a triple assessment which incorporated a clinical assessment mammogram and ultrasound would have been carried out and spotted the cancer if this had occurred.

The claim which has been made states that there was a failure to advise, treat and care for her in a proper skillful, diligent and careful fashion along with a failure to use appropriate skill and judgment when reviewing her mammogram on June 17, 2015. Lastly it was claimed that there features were not identified in her mammogram of her right breast, taken that June, that may have been cancer.

All the claims are denied by the Health Service Executive. Legal representatives for the defence said that the cancer would have been smaller and she would not have needed radiotherapy and chemotherapy if the cancer has been discovered in the first test. The court was told that their legal action was the mammogram conducted in the mobile clinic was incorrectly reported as showing no indications of cancer. Medical experts said that if Ms Freeney had been sent on for more assessments the cancer would have been identified.

 

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