Cervical Cancer Misdiagnosis / Delay in Diagnosis

In 2018, the HSE confirmed that 221 developed cervical cancer after been given the all clear from smear tests taken some years prior.

The cervical cancer scandal first came to light following on from a High Court action by a Limerick based woman Vickey Phelan. The case was taken as a result of delayed diagnosis of cervical cancer. The case was taken against a US based Laboratory sub-contracted by cervical check Ireland to examine smear tests. In the case of Ms. Phelan, a 2011 smear test showed no abnormalities, but this was later found to be incorrect. As a consequence of the incorrect assessment, what followed was a delay in appropriate treatment.

To further compound the issue, an audit was carried out in 2016 which revealed the errors, but this was not revealed to the patients. There are now many cases issued against the HSE and the laboratories arising from this issue.
In the last few months, a further review was carried out by the Royal College of Obstetricians and Gynaecologists in the UK of 1,034 women’s slides. Unfortunately, this audit has revealed that 308 women (diagnosed with cervical cancer) received incorrect smear tests. It revealed that for 159 of these women a correct result could have prevented them getting cancer or having it diagnosed at an earlier stage. This may have resulted in the reduction of severity and improving their chances of survival. There was also 27 women identified who were referred for investigation after a test and received sub-standard colposcopy care (which could have prevented cancer). The audit further revealed that unfortunately 12 of this group are deceased.

If you have been affected by this recent audit and want legal advice, or advice generally with regards to medical negligence in Ireland, please feel free to contact Martin Kerrigan Solicitor of this firm at martinkerrigan@berwick.ie.

The Avoidence of mistake and medical negligence

Mistakes can be made by medical personnel but if these mistakes are avoidable and result in the alteration to the health or life of a patient, you may be entitled to make a claim, writes Martin Kerrigan, Solicitor at Berwick Solicitors.

Medical Negligence (or Clinical Negligence, as it is also called) occurs when a doctor or a medical practitioner is guilty of acting in a manner which is below the standard to be expected of such a medical person resulting in consequential injury to the patient. These negligent acts can vary from a failure to read a scan correctly to a failure to diagnose a patient and even surgical errors. …
Read full article from Galway Independent newspaper

What is Medical Negligence?

Mistakes can be made by medical personnel but if these mistakes are avoidable and result in the alteration to the health or life of a patient, you may have a claim, writes Martin Kerrigan, Solicitor at Berwick Solicitors.

Medical Negligence(or Clinical Negligence, as it is also called) occurs when a doctor or a medical practitioner is guilty of acting in a manner which is below the standard to be expected of such a medical person resulting in consequential injury to the patient …
Read full article from Galway Independent newspaper

Accidents at work – Is it the employee’s fault?

Employers owe their staff a reasonable duty of care to ensure that they do not suffer a personal injury while at work. However, employees must also exercise reasonable care to minimise the risk of injury, writes, writes solicitor Martin Kerrigan.

Contributory Negligence happens when an injured person is considered to be partly at fault for their injury. The level of fault attributed to the injured employee for their actions, depends on the circumstances of the case. Examples include an employee’s age, the position he or she holds and his or her level of experience….

Read full article from Galway Independent newspaper..

Getting a Divorce

Irish courts have a number of requirements before they will grant a couple a divorce, writes David Higgins, Partner at Berwick Solicitors.

Marital breakdown is never easy but unfortunately, it is an occurrence in many homes across Ireland. For couples wanting to go their separate ways, divorce allows both parties to move on and indeed remarry if either should so wish.
There are a number of requirements which must be met before a court will grant a decree of divorce. Both spouses must have been living apart from one another for a period of four out of the previous five years however, it is possible that the spouses have been living in the same house but…

Read full article here.

Scaling the mountain of debtors

Tackle outstanding debts as early as possible, writes James Seymour, Solicitor.

Cash flow has never been as important for small businesses. The economy is on the up but the legal profession is now hugely engaged in debt recovery because of demand from businesses to collect outstanding monies due to them. Until the books are balanced, many companies remain in belt-tightening mode. Smaller businesses and sole traders are often low down in the pecking order for payment due to the Revenue Commissioners, secured creditors and employees taking priority in the payment scale.
This somewhat unfair pecking order continues to mean that many businesses have to write off debts owed to them…

Read full article here.

Divorce & The Family Farm

Separation, divorce and maintenance can have significant implications for the family farm, writes DavidHiggins@berwick.ie, Partner at Berwick Solicitors.

While separations and divorces are always difficult, they can take on an entirely different level of complexity when a family farm is at stake. The fear of divorce by farming families and the impact divorce can have on generations of farming has often been met with reluctance and delay of farming parents to pass the farm onto their children, leading to uncertainty for many young farmers. …

Read full article here.

Bouncy Castles and Trampolines – A Word of Warning

Beware of the dangers of bouncy castles for children’s birthdays and events, writes EmerMulry@berwick.ie, Personal Injury Solicitor.

Having witnessed his employee’s enjoyment while jumping on inflatable tennis covers back in 1959, Louisiana’s John Scurlock, a mechanical engineer by profession, came up with the idea of inventing what we know today as the bouncy castle. As much as he wanted to bring joy to families and children worldwide, its unlikely that he could have predicted the range of hazards that are associated with such fun. As communion and confirmation season quickly approaches, bouncy castle providers look forward to a spike in demand…

Read full article here.

Judicial Separation – What You Need to Know

When a marriage breaks down and there is no prospect of reconciliation, many couples opt for a judicial separation to agree the terms of living arrangements and access for children of the marriage.

A decree of judicial separation removes the obligation on a couple to co-habit.Where a marriage has irretrievably broken down, many couples opt for a judicial separation to sort matters between them before they apply for a divorce. It is useful where there are contentious matters surrounding access and maintenance regarding children, the transfer of property and the extinguishment of succession rights, for example. A couple must be living separate and apart for four out of the previous five years before they can apply for a divorce. That period can be lengthy for many couples and so, a judicial separation is helpful in resolving matters until a divorce…

Read full article here.

Suing For Mistakes

If you have suffered a loss as a result of a professional or expert who fell below their duty of care to you in their services, you may have a claim, writes James Seymour, Solicitor.

Professional negligence is where a professional person who is engaged by a client fails to exercise the skill and knowledge reasonably to be expected of an ordinary professional in that field of expertise.
A claim for professional negligence usually arises where that failure on behalf of the professional results in the client suffering a loss. Such a claim also known as a professional negligence suit. These pertain to mistakes made by professionals such as engineers, accountants, quantity surveyors, estate…

Read full article here.