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Man with pancreatic cancer settles case against HSE

Updated: Jan 31, 2019

A 33-year-old man who has metastatic pancreatic cancer has settled his case against the HSE for an alleged failure to diagnose his condition. Ben McGuire from Strawhall, Fermoy, Co Cork, had attended a GP and two hospitals a number of times between November 2017 and January 2018 complaining of pain and weight loss.





A CT scan and a ultrasound were carried out and reported as normal. When his symptoms persisted for a further month he traveled to Lithuania where doctors diagnosed a pancreatic tumour.


Today's settlement of his High Court action against the HSE was made without admission of liability and the terms of the settlement were not disclosed. In his action against the HSE, Mr McGuire's lawyers said he was admitted to Cork University Hospital on 2 November 2017 where he told doctors he had been experiencing pain for a number of months.


A CT scan of his kidneys, bladder and pancreas was carried out but was allegedly reported as normal and he was discharged from hospital. He continued to suffer from severe abdominal pain and attended a GP four days later and attended an out-of-hours GP on 6 December.


On 9 December 2017 he attended A&E at the Mercy Hospital complaining of pain and weight loss. An ultrasound scan was carried out on 12 December and was allegedly reported as normal. He attended his GP two further times in December and January.


Mr McGuire then travelled to Lithuania to a diagnostic clinic on the advice of a colleague where a CT scan was performed which identified a 4cm tumour on his pancreas. This diagnosis was confirmed on his return to Ireland.


In his action against the HSE Mr McGuire claimed there was a failure to diagnose his cancer in November 2017 despite his long history of pain. It was also alleged there was a failure to treat his condition before it worsened. The HSE denied the claims.


In his High Court action Mr McGuire's prognosis was described as "uncertain but limited". It was also claimed the spread of the cancer "has reduced the prospect of successful treatment"

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Financial Blueprint of a Medical Negligence Case


Medical Negligence and personal injury cases are often a topic of conversation in Ireland. A case is built on the strength of expert reports and testimony. The ancillary costs are driven up by lack of access to salient medical records and details. This further underlines the need for mandatory disclosure and the need for patients to have live access to their own updated medical records.


At Peter McDonnell & Associates we know from experience that the single greatest cause of worry for clients is the issue of legal fees and costs. People worry that before a case commences or at the end of their case, they will be presented with a large legal bill that will be impossible to pay.


Contact us to find out how to fund a High Court Action on 087 2285247 or law@petermcdonnell.ie


*In contentious business, a solicitor may not calculate fees or other charges as a percentage or a proportion of any award or settlement.

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*In contentious business, a solicitor may not calculate fees or other charges as a percentage or a proportion of any award or settlement.