Woman sues over alleged failure of Breastcheck clinic to diagnose cancer

A woman who attended a mobile BreastCheck clinic for a mammogram when she had a concern about a lump on her breast has sued in the High Court over an alleged misdiagnosis.

Siobhán Freeney, a mother of two, claims the mammogram taken in June 2015 was read incorrectly and that she was told in a letter from BreastCheck a few days later that the scan was clear.

She alleges the mammogram should have been read as highly suspicious for cancer and that she should have been referred for further assessment.

Ms Freeney was diagnosed with cancer in her right breast six months later. She claims her cancer should have been diagnosed earlier when she had a mammogram in the mobile breast clinic when it came to Gorey, Co Wexford.

As a result of the alleged delay in her diagnosis, Ms Freeney claims the opportunity to detect the cancer at an early stage was missed.

Opening her action, Jeremy Maher SC, instructed by Cian O’Carroll solicitor, said their case was that there was a delay in the diagnosis of breast cancer.

Counsel said the cancer was not diagnosed until December 2015 and their case was that it ought to have been diagnosed six months earlier at the mobile clinic.

Had Ms Freeney been referred for further assessment, as it is argued she ought to have been, it is claimed that a triple assessment including a clinical assessment mammogram and ultrasound would have taken place and identified the cancer.

Reasonable care

Ms Freeney (59), of Clonattin, Gorey, has sued the HSE over alleged failure to refer her for further assessment including ultrasound examination on June 17th, 2015. She has further claimed failure to advise, treat and care for her in a proper skilful, diligent and careful manner and to use reasonable care, skill and judgment when reviewing the mammogram taken on June 17th, 2015.

It is further alleged that there was failure to identify that features in the mammogram of her right breast were suspicious for cancer and that she was allegedly deprived of the opportunity of timely and effective investigation and management of her condition.

It is claimed that a situation was caused where the June 17th, 2015 mammogram was allegedly misdiagnosed or misreported and there was failure to ensure any proper, adequate or effective system of monitoring, supervision or overview of Ms Freeney and her condition. All the claims are denied.

Mr Maher said that had Ms Freeney’s cancer been detected in June 2015, she would have required a mastectomy but the cancer would have been smaller and she would not have required radiotherapy and chemotherapy.

Their case was that the June mammogram was incorrectly reported as indicating no evidence of cancer.

He said their experts will say, if Ms Freeney had been referred on for further assessment, the cancer would have been identified.

“The opportunity to detect the cancer at an early stage was missed,” Mr Maher said.

The case continues before Ms Justice Niamh Hyland.