A Excessive Court docket ruling has discovered no medical negligence within the case of a lady who sued the HSE for an alleged delay in her breast most cancers prognosis.
Ms Catriona Crumlish (41) of St Finian’s Park, Moville, Co Donegal, sought damages for accidents she alleged have been brought on by docs at Letterkenny College Hospital failing to diagnose her breast most cancers in Could 2017.
Ms Justice Mary Rose Gearty dominated that Ms Crumlish’s proof failed to determine that she had a 15mm most cancers in Could 2017, which she claimed was not detected till October.
Ms Crumlish’s proof was primarily based on a tutorial paper which analysed the expansion charge of breast tumours. The info offered in that paper was strongly contested by the HSE. The plaintiff submitted that if her most cancers was identified earlier, she wouldn’t have had nodal removing surgical procedure and wouldn’t have suffered associated hostile results. Following chemotherapy, radiotherapy and a double mastectomy, Ms Crumlish is now cancer-free.
The choose dominated that Ms Crumlish’s cancerous tumour “most likely was current in Could” however was “most likely undetectable at that time”. She was initially referred to the Letterkenny breast clinic by her GP who felt two arduous lumps on her proper breast – one comparable in dimension to a pea, the opposite to a peppercorn.
Ms Crumlish was examined on the hospital in Could 2017 by breast surgeon Mr Michael Sugrue, who famous a 15mm pea-sized lump and couldn’t palpate the smaller, peppercorn-sized lump. He then referred the affected person to radiology, the place Dr Conal Mac a Bhaird reported: “a number of small cysts as much as 12mm”. Mr Sugrue reassured the affected person that she had cysts and, whereas they may change dimension, she shouldn’t fear.
Ms Crumlish returned to LUH on ninth October 2017 following the invention of two extra lumps. On Thursday twelfth October 2017, Mr. Sugrue confirmed that the Plaintiff had HER2-positive breast most cancers.
The choose dominated that lots of the techniques utilized by Mr Sugrue are exemplary. The proof additionally established that if the lump detected in Could was 15mm, it could most likely have been apparent to the radiologist because it seemed nothing like a cyst.
The choose dismissed the suggestion, primarily based on the peer knowledge on ‘doubling time’ of tumours, that the plaintiff’s most cancers would have been detectable in Could. Ms Justice Gearty stated the tutorial paper had limitations and could also be deceptive, as cancers develop at totally different charges. It was discovered that the affected person’s injury was most likely brought on by an interval most cancers, i.e. a most cancers detected/presenting inside 12 months after a mammographic screening.
Court docket dismisses medical negligence declare towards Letterkenny breast clinic was final modified: April twentieth, 2023 by