Breast cancer victim sues hospital over delay claims
Tuesday October 16 2007
A 24-YEAR-OLD woman who has had her right breast removed has sued a hospital over its alleged failure to diagnose and promptly treat her for breast cancer.
Jenna Brandon, who was a public patient at St Vincent's Hospital, Dublin, claims the hospital's alleged failures and delays have reduced her life expectancy significantly.
She said those alleged failures allowed her cancer develop to such a point her right breast had to be removed and that she felt angry and alienated that no one at the hospital admitted to any mistake in her case.
She claims the hospital failed to diagnose her cancer, to carry out a needle biopsy or to review her condition when she was scanned at its breast clinic in August 2005. She claims there was a further eight-month delay in diagnosing breast cancer and more delays in treatment.
Ms Brandon claims these alleged failures resulted in the cancer becoming well-developed and her having to undergo aggressive anti-cancer treatment and a mastectomy.
She also claims she underwent an unnecessary splenectomy -- the surgical removal of her spleen -- because it was mistakenly believed there was secondary cancers in it.
Ms Brandon, with an address in Co Wicklow, claims the failure of the hospital to carry out a needle biopsy or to review her case after an alleged abnormality was noted in an ultrasound scan in August 2005 allowed her condition to deteriorate to a point where her right breast had to be removed in December 2006.
She claims she was told, flowing the ultrasound scan of August 2005, the lump she had felt was probably a cyst and there was nothing to worry about. However, after Christmas 2005, she noted the lump had grown to the size of a golf ball and it turned out to be cancerous.
She started chemotherapy on May 4, 2006, and underwent a mastectomy in December 2006.
Ms Brandon has initiated a High Court action alleging negligence against the hospital.
The case was before the court this month in relation to seeking hospital medical notes and reports, and the court directed the hospital to make further and better discovery of documents. The full case is expected to come before the court early next year.
In its defence, the hospital has admitted that it failed to review the results of Ms Brandon's ultrasound examination of August 2005, and also failed to take appropriate steps to ensure she reattend the hospital.
It also admits that Ms Brandon's condition worsened between the date of the ultrasound exam and when she reattended at the hospital's breast clinic in February 2006.
However, the hospital rejects claims that Ms Brandon's life expectancy has been significantly reduced and has pleaded that, subject to the admitted failures, Ms Brandon was treated by the hospital's staff at all times with all due skill, care and diligence. It has also reserved the right to contest the nature and extent of Ms Brandon's alleged injuries.
It is claimed the hospital failed to diagnose Ms Brandon was suffering from and/or likely to be suffering from breast cancer in a proper and timely manner. It is also alleged the hospital failed to follow its own protocols in relation to the care and management of patients.
