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BreastCheck Misdiagnosis Allegation as Woman (59) Sues HSE

A breast cancer misdiagnosis case has been submitted against the Health Service Executive (HSE) by a 59-year-old mother of two who claims that the failure of the BreastCheck service to identify her cancer led to a delay in her treatment.

The woman in question, MS Siobhan Freeney, has informed the court that she is of the belief that the mammogram which was carried on her by the BreastCheck service in June 2015 did not produce the correct results. The service communicated the results of the test with in her in letter, shortly after the test was conducted, that informed her there was not cancer identified.

However, less that six months later Ms Freeney was diagnosed with cancer in her right breast after a subsequent test. Due to this Ms Freeney has submitted a legal action which alleges that first mammogram should have returned a diagnosis of cancer which would have led to more assessments being conducted.

Jeremy Maher SC, representing Ms Freeney in court, told the court that the BreastCheck service provided by the HSE caused a delay in treatment when they failed to diagnose Ms Freeney’s cancer in the initial test. He went on to say that the legal action was being submitted due to the delayed diagnosis. Ms Freeney’s breast cancer was not finally diagnosed until December 2015.

There were additional claims submitted say that Ms Freeney was not referred for additional assessment after the tests that were completed at the mobile clinic in Gorey. It was alleged that, if a correct result had been returned, a triple assessment including a clinical assessment mammogram and ultrasound would have been conducted and identified the cancer.

aLong with this was was claimed that:

  • There was a failure to failure to advise, treat and care for her in a proper skillful, diligent and careful fashion .
  • There was a failure to use reasonable care skill and judgment when examining her mammogram on June 17, 2015.
  • There was an a failure to recognise features in her mammogram of her right breast taken that June could have been cancer.

The HSE refuted all pf the claims and said, if it had of been identified in the initial mammogram, the cancer would have been smaller and she would not have required radiotherapy and chemotherapy.



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