Family settle cancer misdiagnosis case four years after grandmother’s death

The family of a grandmother who took legal action over an alleged missed cancer diagnosis has settled the High Court action, four years after the woman’s death, writes Ann O’Loughlin.

Family settle cancer misdiagnosis case four years after grandmother’s death

The family of a grandmother who took legal action over an alleged missed cancer diagnosis has settled the High Court action, four years after the woman’s death, writes Ann O’Loughlin.

Ann Delaney was 69 years when she initiated legal proceedings but her family yesterday settled the case yesterday for €90,000.

It was claimed that by the time the tumour on Mrs Delaney’s salivary gland was diagnosed - over two years after an MRI scan was reported as normal- it was at Stage 4b and inoperable. The grandmother was treated with pallitative radiation and chemotherapy and while the growth of the tumour was intitally halted , she later died from her condition on June 15, 2013.

Outside the High Court yesterday, her daughter Lesley Delaney speaking on behalf of the Mrs Delaney’s husband Thomas and the Delaney family, Kilkenny said they had continued the legal battle after their mother’s death at 73 years of age.

"It has been a very long battle which was started by my mother. Our mother spent the last four years of her life in ever increasing pain and suffering. She bravely endured devastating facial disfigurement, speech impairment, difficulty with eyesight , loss of balance and extreme difficulty eating and swallowing," Ms Delaney said.

She added: " In an effort to prolong her life, she underwent toxic rounds of chemotherapy and radiation treatments. It is heartbreaking for we the family to think her stage 1 cancer would have been 95 per cent treatable."

Ann Delaney’s husband Thomas Delaney of Delvilla, Radestown, Ballyfoyle, Co Kilkenny had sued Aut Even Hospital, Kilkenny for alleged negligence.

Lesley and Niall Delaney of Radestown, Co. Kilkenny, daughter and son of the late Ann Delaneypictured leaving the Four Courts yesterday(Wed) after a High Court hearing.Pic: Collins courts
Lesley and Niall Delaney of Radestown, Co. Kilkenny, daughter and son of the late Ann Delaneypictured leaving the Four Courts yesterday(Wed) after a High Court hearing.Pic: Collins courts

Mrs Delaney who had pain in her right ear was referred to Aut Even Hospital where in May 2009 she had an MRI scan of her glands which was reported as there being no evidence of any cystic or solid mass lesion and as a normal examination.. Because the MRI was reported as normal, Mrs Delaney was advised on the use of a gel, it was claimed. In 2009, it was considered that the pain could be due to arthritis and Mrs Delaney put up with the pain and did jaw exercises. At one stage it was also believed she may have tinnitus and when she felt her jaw dropping Bell’s palsy was suspected.

In 2011 Mrs Delaney was referred to another hospital and in August/September 2011 it was discovered she had cancer in the parotid gland and that this was allegedly evident in the 2009 images, it was claimed.

In 2009, it was claimed the tumour was 2cm in size, was stage 1 and operable.

By the time it was diagnosed. it was alleged it was stage 4b and inoperable.It was claimed the alleged failure to diagnose or investigate further the MRI scan in 2009 was due to alleged negligence.

Mrs Delaney was treated with pallitative radiation and chemotherapy but died from the condition on June 15, 2013.

It was claimed there was an alleged failure to provide adequate or prompt diagnosis and or treatment for Mrs Delaney.

It was further claimed there was an alleged failure to confer given the MRI results and the complaints.

The claims were denied.

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