Monthly Archives: May 2014

Doctor Found Negligent in Undiagnosed Cancer Case

 

A judge has awarded compensation to the family of a woman who died after suffering from an undiagnosed tumour, with the doctor found at fault for negligence. 

In April 2009, Sharon McEneaney (31) of Carrickmacross, County Monaghan, died from a cancerous tumour that grew in her abdomen. She first sought medical attention for pain in the region in the emergency department of Our Lady of Lourdes Hospital in Drogheda eighteen months prior to her death, but the tumour was not recognised.

The cancer went undiagnosed for a further nine months, and was only identified when Sharon was given a biopsy in June 2008, due to the intervention for Dr Rory O’Hanlon, a former TD. By the time the cancer was recognised, the tumour had grown too large to be treated. Sharon died of the cancer the following year.

An investigation into Sharon’s death was launched by the Health Service Executive (HSE), and it complied a report of 38 recommendations to prevent future failures to diagnose cancer. In January 2012, Dr Etop Samson Akan was found guilty of a poor professional performance by the Medical Council of Ireland’s Fitness to Practise Committee for his treatment of Sharon.

Ms Justice Mary Irvine at the High Court in Dublin oversaw the case when it was brought to court. The court heard the General Manager of the Louth & Meath Hospital Group-Margaret Swords-read out an apology to Sharon’s family, admitting that the hospital had failed Sharon. The apology also stated that the hospital was making progress in making the changes required to prevent a similar incident from happening again. The court heard in the five years following Sharon’s death, the hospital had implemented six of the HSE’s recommendations.

Sharon’s family received compensation for the failure to diagnose cancer after negotiations between the two parties, valued at €62,500. Sharon’s funeral and other expenses related to her death have been covered by €10,000 settlement, and a further €27,100 in compensation has been awarded for the failure to diagnose the cancer to Sharon’s mother Jane. The remainder of the settlement is being shared between Sharon’s siblings.

Ms Justice Mary Irvine closed the hearing after commending Sharon´s family for their courage, and commented “You have shown marvellous fortitude in the face of such a loss”.