Health Service Executive Sued by 59-Year-Old Woman in Relation to BreastCheck Misdiagnosis

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

Siobhan Freeney has claimed that the mammogram she had during June 2015 was not interpreted properly. Shortly afterwards the test she was sent a letter from the BreastCheck service to inform her that the mammogram results had come back negative for cancer. Approximately six months later Ms Freeney was diagnosed with cancer in her right breast and she is now taking a case claiming that the original mammogram should have returned a diagnosis of cancer which would have led to additional assessments being arranged.

Ms Freeney’s legal counsel Jeremy Maher SC informed the Judge that due to this delay in her diagnosis, Ms Freeney says that they chance todiscovert the cancer at an early stage was missed. Mr Maher SC told the court that they are filing the claim due to the alleged delay in the diagnosis of Ms Freeney’s breast cancer. The breast cancer was not finally diagnosed until December 2015.

It was also claimed 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 including a clinical assessment mammogram and ultrasound would have been conducted and identified the cancer if this had taken place.

The claim that was submitted alleged that there was a failure to failure to advise, treat and care for her in a proper skillful, diligent and careful fashion along with a failure to use reasonable care skill and judgment when examining her mammogram on June 17, 2015. Finally it was claimed that there was an a failure to spot features in her mammogram of her right breast taken that June may have been cancer.

All the claims are refuted by the HSE. Counsel for the defence said that the cancer would have been smaller and she would not have required radiotherapy and chemotherapy if the cancer has been discovered in the initial test. The court was told that their case was the mammogram taken in the mobile clinic was incorrectly reported as showing no signs of cancer. Experts for their side said that if Ms Freeney had been sent on for additional assessment the cancer would have been discovered.