HSE Facing Legal Action for Alleged Misdiagnosis of 59-Year-Old Woman by BreastCheck


A BreastCheck misdiagnosis compensation claim has been submitted against the Health Service Executive (HSE) by a 59-year-old mother of two.

The woman in question, Mrs Siobhan Freeney, alleged in her claim submitted that a mammogram she had during June 2015 did not produce the correct result. The letter issued to her after the mammogram from BreastCheck told her that her test had returned a negative result in relation to the presence of cancer. Almost six months later it was discovered that Ms Freeney was suffering from cancer in her right breast. Due to this she has now submitted a compensation claim stating that the original mammogram should have returned a diagnosis of cancer. This, she says, would have led to additional assessments being arranged and treatment beginning earlier.

Jeremy Maher SC , the legal representative for Mrs Freeney’, advised the that the medical negligence compensation claim was submitted as a result of the alleged delay in the diagnosis of Mrs Freeney’s breast cancer. Mrs Freeney finally has her breast cancer diagnosed in 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 was an additional claim filed in relation to the alleged failure to advise, treat and care for her in a proper skillful, diligent and careful fashion and a failure to provide reasonable care skill and judgment when reviewing the results of the mammogram on June 17, 2015.

The HSE is denying all of these allegations, claiming 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 mammogram that was conducted.