Multiple Myeloma Misdiagnosis Claims Ireland: Missed Red Flags and Delayed Diagnosis

Gary Matthews, personal injury and medical negligence solicitor, Dublin

Reviewed for legal accuracy by Gary Matthews, Personal Injury & Medical Negligence Solicitor · Last reviewed: June 2026

Gary Matthews is a solicitor based in Dublin, serving clients across Ireland. He qualified as a solicitor in 1992, established his firm in 1995, and has concentrated on personal injury and medical negligence litigation since 1997. He is a practising solicitor regulated by the Law Society of Ireland (practising-certificate no. S8178), which can be confirmed by searching his name on the Law Society's Find a Solicitor register.

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Summary: A multiple myeloma misdiagnosis claim is a personal injury claim for the harm a negligent delay caused, not for the cancer itself. Myeloma is a cancer of the plasma cells in the bone marrow. Its early signs, such as back pain, tiredness, anaemia and recurrent infection, are easy to mistake for ordinary causes. The legal question is rarely whether a doctor missed the disease. It is whether a doctor ignored the blood-test red flags, and whether earlier treatment was still possible. This page explains how you prove the claim, the time limits, and the compensation.

In short: Myeloma hides in routine bloods. A claim succeeds where an independent haematology expert confirms two things. First, that the result pattern (raised protein, anaemia, renal impairment, high calcium) should have triggered an urgent referral under the NCCP Haematology Referral Manual1. Second, that the delay caused avoidable harm. Time limit: two years less one day from your date of knowledge. Medical negligence claims do not go through the Injuries Resolution Board.

This information is for educational purposes only and does not constitute legal advice. Every case is different and outcomes vary. Consult a qualified solicitor for advice specific to your situation.

Contents
Diagnosed each year: About 370 people in Ireland are diagnosed with myeloma annually. Irish Cancer Society [2]
The red-flag tests: Serum protein electrophoresis and serum free light chains, prompted by raised protein, anaemia or renal impairment. NCCP Manual1
Time limit: Two years less one day from the date of knowledge. How the date of knowledge is decided
Route: Through the courts, not the Injuries Resolution Board. Medical negligence process
How a myeloma diagnosis should progress, from symptoms to referral to diagnosis Persistent symptoms + abnormal bloods Protein and light-chain tests (SPEP, SFLC) Urgent haematology referral Bone marrow biopsy and diagnosis
The pathway a competent workup follows. A claim asks where it broke down and what the break cost the patient.

What a multiple myeloma misdiagnosis claim is

A multiple myeloma misdiagnosis claim is a personal injury claim for the avoidable harm caused when a negligent delay let the disease progress. Myeloma is a cancer of plasma cells, a type of white blood cell made in the bone marrow. This sets it apart from other blood cancers covered on this site. It isn't a problem of the lymph nodes, as in lymphoma, nor of the white-cell count, as in leukaemia.

Myeloma instead shows itself through an abnormal protein in the blood and through damage to the kidneys, bones, calcium levels and red-cell count. The claim does not ask a court to compensate you for having cancer. It asks whether a doctor fell below the standard of a competent peer, and whether that failure caused harm you'd otherwise have avoided. This sits within the wider framework for making a personal injury claim in Ireland, the route through which you understand and pursue compensation for injury.

The harm might be dialysis you could've escaped, a spinal fracture that earlier treatment would have prevented, or a shorter life. Our guide to causation in medical negligence explains how that link is built.

Why myeloma is one of the most missed cancers in primary care

Doctors miss myeloma so often because its early symptoms are common, vague, and shared with dozens of harmless conditions. Back pain, fatigue and recurrent infections rarely point a GP straight to a bone-marrow cancer. Myeloma has one of the longest diagnostic intervals of any cancer, and around a third of patients are diagnosed only after an emergency admission. Peer-reviewed accounts of the diagnostic pathway confirm this PLOS ONE study (2018) [3].

The pattern of first presentation tells the same story. In a large myeloma trial cohort, bone pain was present in 61 per cent of new diagnoses and anaemia in 39 per cent. A vertebral fracture was present in 21 per cent and kidney dysfunction in 20 per cent. A high calcium level was present in 19 per cent, and only 7 per cent were found by chance TEAMM trial analysis (2023) [4]. Most patients are diagnosed only once organ damage has already started, the exact window a negligent delay makes worse.

Each of these symptoms has a common, innocent explanation that a busy clinician can reach for. The table below maps the typical myeloma symptom to the wrong diagnosis it is often given, the underlying disease process, and the harm that the delay then allows.

Presenting symptomCommon wrong diagnosisWhat myeloma is actually doing
Persistent back or bone painArthritis, mechanical back pain, ageingPlasma cells erode the bone, creating lesions that can collapse a vertebra.
Fatigue and breathlessnessStress, ageing, a viral illnessMarrow crowding lowers the red-cell count, causing anaemia.
Repeated infectionsBad luck, a run-down immune systemAbnormal cells crowd out the normal antibodies that fight infection.
Confusion or thirstDementia or delirium in an older patientBone breakdown raises blood calcium, which affects the brain and kidneys.

Sources for the misattribution pattern: the diagnostic-pathway evidence below and clinical accounts of myeloma presentation.

From experience: The recurring theme we see in delayed myeloma cases is not an exotic symptom that was overlooked. It is an ordinary blood result, taken for tiredness or a sore back, that showed a raised total protein or an unexplained anaemia. The follow-up tests that name the disease were never ordered.

The blood-test red flags that should trigger a myeloma referral

Several routine blood results, taken together, should prompt the specific tests that diagnose myeloma. They are a raised total protein, an unexplained anaemia, impaired kidney function, and a high blood calcium, often with a very high ESR. The disease leaves these fingerprints in standard bloods long before anyone orders a bone-marrow biopsy. A competent workup treats them as a reason to test, not to reassure.

Red flag in routine bloodsWhy it points toward myeloma
Raised total protein or globulinSuggests an abnormal paraprotein produced by myeloma cells, the classic screening clue.
Unexplained anaemiaMyeloma crowds the bone marrow, lowering the red-cell count without an obvious cause.
Impaired kidney functionLight chains from myeloma can block the kidney tubules, raising creatinine.
High blood calciumBone breakdown releases calcium, a recognised feature of active disease.
Very high ESR or rouleaux on the filmBoth reflect the excess protein circulating in the blood.

Where this picture appears, the indicated next steps are serum protein electrophoresis and serum free light chains. A urine Bence Jones protein test is used where the light-chain assay is unavailable. The NCCP Haematology Referral Manual [1] lists these tests for anaemia and for raised protein, and treats an abnormal protein result as a reason for haematology referral. A failure to order them, or to act on an abnormal result once it returns, is the most common breach we see. Our page on test results not followed up covers this failure across all conditions.

The Irish referral pathway and what counts as a negligent delay

Ireland uses the NCCP haematology referral standard, not the UK two-week-wait, and this is the benchmark an Irish claim is measured against. The National Cancer Control Programme sets out when a patient with suspicious bloods should be seen. Its Clinically Recommended Timeframes place an immediate case within 48 hours and an urgent case within two to four weeks. Routine cases have a longer window NCCP Haematology Referral Manual (2026) [1]. Using the Irish framework matters, because a claim cannot rest on a foreign standard that doesn't apply here.

A delay becomes potentially negligent when a competent GP or hospital doctor, faced with the same results, would have referred or tested sooner. A court judges the breach against the standard set in Dunne v National Maternity Hospital [1989] IR 91. This is the governing test for medical negligence in Ireland.

A general failure to act on a clear red flag can satisfy that test, where no responsible body of practitioners would have done the same. Where the failure is a missed referral, our page on failure to refer for urgent cancer investigation sets out the standard in detail.

MGUS, smouldering myeloma and the causation battleground

The hardest question in a myeloma claim is whether the patient had active myeloma, or only a harmless precursor, at the point the doctor failed to act. Myeloma doesn't appear overnight. It is usually preceded by monoclonal gammopathy of undetermined significance, known as MGUS, and then by smouldering myeloma. Both involve an abnormal protein but no organ damage, and neither is treated.

This continuum is where most myeloma cases are won or lost, and it is the feature that sets these claims apart from every other cancer. The defence will often argue that the patient had only MGUS or smouldering disease at the missed appointment. On that view, earlier referral would have led to monitoring rather than treatment, so the delay changed nothing. Meeting that argument turns on the diagnostic line drawn by the International Myeloma Working Group.

Active myeloma is defined by end-organ damage, captured in the CRAB criteria, or by certain biomarkers IMWG diagnostic criteria [5].

How myeloma progresses from MGUS through smouldering disease to active, treatable myeloma, showing where a missed red flag matters most MGUS Abnormal protein, no organ damage. Not treated. Smouldering myeloma Higher burden, still no CRAB damage. Monitored. Active myeloma CRAB organ damage present. Treated. The point a missed red flag matters most
A claim is strongest where the record shows the patient had already crossed from a monitored precursor into active, treatable myeloma when the red flag was missed.
CRAB featureWhat it means
C, calcium raisedSerum calcium above the normal range, from bone breakdown.
R, renal impairmentReduced kidney function attributable to the disease.
A, anaemiaA low haemoglobin caused by marrow involvement.
B, bone lesionsAreas of bone destruction seen on imaging.
The four CRAB features that define active multiple myeloma: raised calcium, renal impairment, anaemia, and bone lesions C Calcium raised Serum calcium above normal, released by bone breakdown. Body system: blood and bone R Renal impairment Reduced kidney function caused by light chains blocking tubules. Body system: kidneys A Anaemia Low haemoglobin as myeloma cells crowd the bone marrow. Body system: blood B Bone lesions Areas of bone destruction visible on imaging. Body system: skeleton
CRAB is the four-part test for active disease. The presence of any one feature at the time of a missed referral is central to the causation argument.

The evidence that resolves the dispute is the contemporaneous record. The blood results, calcium, kidney function and any scan from the time of the missed opportunity show whether a CRAB feature was already present. Where it was, the patient had active, treatable myeloma that went untreated, and the causation argument becomes far stronger. This is a question for independent haematology evidence, not the treating hospital's own account.

The harm a delay causes in myeloma

A negligent delay in myeloma typically causes irreversible organ damage that earlier treatment could have prevented or limited. The disease attacks the kidneys, bones and blood, so the harm is concrete and often permanent, from dialysis-dependent kidney failure to a collapsed vertebra or spinal cord compression. These are the harms that drive both causation and the value of a claim.

Kidney failure is the clearest example. Light chains can cause cast nephropathy, and a patient who reaches dialysis-dependent kidney failure during a period of delay has suffered a distinct, lasting injury.

Spinal damage is another. Myeloma weakens the vertebrae, and a delay that allows a vertebral collapse or spinal cord compression to develop can leave a patient with permanent disability. Repeated pathological fractures and prolonged bone pain follow the same logic. Each of these is an outcome a court can recognise as caused by the lost months, separate from the underlying cancer.

The route to diagnosis is itself linked to outcome. Patients diagnosed after a GP referral have a markedly better one-year survival than those diagnosed only after an emergency admission. One analysis recorded 88 per cent against 62 per cent British Journal of General Practice (2022) [12]. A negligent delay that pushes a patient from an orderly referral into a crisis admission can therefore be argued to have worsened the prognosis. That argument is the heart of a causation case.

How we prove a multiple myeloma misdiagnosis claim

Proving the claim requires independent expert evidence on two separate questions: breach and causation, both decided on the balance of probabilities. Breach asks whether the care fell below the standard of a competent peer. Causation asks whether the delay caused harm you would otherwise have avoided. A clear error proves nothing on its own unless it also caused harm.

First, breach. An independent haematologist or GP expert reviews the records. They give an opinion on whether the failure to test or refer fell below the standard of a competent peer under the Dunne principles.

Second, causation. An expert addresses what difference earlier diagnosis would have made, using the contemporaneous bloods and scans to show what stage the disease had reached. Our page on proving causation in a delayed-diagnosis claim explains the but-for test and its alternatives in full. The medical records are the foundation of both, which is why obtaining a complete set early is the first practical step.

Many myeloma patients are older and have other health problems, and a defence will often argue the outcome was inevitable for that reason. Irish law does not require the delay to be the only cause of harm. It is enough that the negligence was a material contributory factor that meaningfully tipped the balance against the patient. So a pre-existing illness does not automatically defeat a claim.

The two questions every myeloma claim must answer: Did a competent doctor, seeing the same results, owe a duty to test or refer sooner? And did the delay cause harm, judged against the stage the disease had already reached? A claim needs a yes to both.

Signs your myeloma diagnosis may have been negligently delayed

Certain patterns in your medical history are the common markers of a negligent myeloma delay. None of them proves a claim on its own, and only an independent expert can judge whether the standard of care was breached. They are the signs that make a file worth reviewing, and most delayed myeloma cases show one or more of them.

Sign in your recordsWhy it can point to negligence
A raised total protein or unexplained anaemia was noted but not acted onThese are classic myeloma red flags that should prompt further testing.
No serum protein electrophoresis or free light chain test was orderedThese are the specific tests that detect the disease.
You saw a GP repeatedly for the same symptoms without a referralRepeated visits without escalation can show a failure to reconsider the diagnosis.
An abnormal blood or scan result was not followed upA result that returns abnormal and is filed without action is a recognised failure.
A scan showing bone lesions was read as normal or benignMisread imaging can delay the right referral by months.

How to make a multiple myeloma misdiagnosis claim in Ireland

A myeloma misdiagnosis claim follows five clear stages, from gathering your records to resolution by settlement or trial. The path is the same as any Irish clinical negligence claim, and it is issued directly in the High Court rather than the Injuries Resolution Board. Knowing the order of steps helps you act inside the two-year time limit.

The five stages of a multiple myeloma misdiagnosis claim in Ireland, from requesting medical records to resolution by settlement, mediation or trial 1 Request your complete medical records, blood results and scans. 2 Get an independent expert report on breach and causation. 3 Issue a formal letter of claim to the defendant. 4 Begin proceedings in the High Court Clinical Negligence List. 5 Resolve by settlement, mediation or trial. Clinical negligence claims bypass the Injuries Resolution Board.
The five stages of an Irish myeloma misdiagnosis claim. Most resolve at stage five by settlement or mediation, without a full trial.
  1. Request your complete medical records. Your GP and hospital records, blood results and any scans are the foundation of the claim. You have a right to them, and gathering them early is the first practical step.
  2. Get an independent expert report. A solicitor instructs a consultant haematologist or GP expert, usually from outside Ireland to avoid conflicts, to review whether the care breached the standard and whether the delay caused harm.
  3. Issue a formal letter of claim. If the expert supports the case, your solicitor sets out the allegations to the defendant. That is the HSE through the State Claims Agency for a public hospital, or the relevant indemnity insurer for a GP or private hospital.
  4. Begin court proceedings. Because clinical negligence bypasses the Injuries Resolution Board, the claim is issued directly in the High Court and enters the Clinical Negligence List.
  5. Resolve by settlement, mediation or trial. Most claims settle, often at mediation, once both sides have exchanged expert evidence. A small number proceed to a full hearing.

Throughout, the two-year time limit runs from your date of knowledge, so taking advice early protects your position. Our guide to the medical negligence claims process covers each stage in more detail.

Loss of chance when myeloma is incurable

A poor prognosis doesn't end a myeloma claim, because Irish law can compensate the loss of a real chance of a better outcome. Myeloma is treatable but not curable, and it follows a relapsing-remitting course of active phases and remissions. That makes the timing of the first treatment important, since an earlier start can affect how well later phases are controlled.

Survival has improved markedly in Ireland. The five-year survival rate for myeloma rose from about 27 per cent in 1994 to 1998 to about 64 per cent in 2014 to 2018. That is the largest improvement of any cancer recorded by the National Cancer Registry. Survival is longer again for those fit for a transplant National Cancer Registry Ireland (2024) [6]. A defence may argue the outcome would have been poor regardless, and Irish law gives a route around that argument.

In Philp v Ryan [2004] IESC 105, the Supreme Court compensated a patient whose prostate cancer diagnosis was delayed. He recovered for the lost opportunity of earlier treatment and the distress of a worsened position, even though the evidence could not prove the delay had shortened his life. Fennelly J considered it contrary to instinct and logic to deny compensation for that lost opportunity. This differs from England and Wales, where Gregg v Scott blocks such claims unless the original survival chance was above 50 per cent.

The doctrine is not settled. A later Supreme Court decision, Quinn v Mid-Western Health Board [2005] IESC 19, applied the strict but-for test and did not follow Philp, and the two have not been reconciled. So loss of chance in Ireland should be treated as a developing rather than a fixed principle, and it needs specialist advice. Because it applies across all cancer claims, we set it out in full in our guide to loss of chance.

Compensation in a multiple myeloma misdiagnosis claim

Compensation in a myeloma claim covers the harm the delay caused, split into general damages for pain and suffering and special damages for financial loss. Special damages can include dialysis, lost earnings and future care, and in a serious case they are often the larger part. Every figure depends on the individual facts, and amounts vary case by case.

General damages for clinical negligence are assessed under the Personal Injuries Guidelines [7], adopted by the Judicial Council in 2021. A medical negligence claim does not go through the Injuries Resolution Board and is litigated through the courts, but the Guidelines still inform the general damages assessment. Special damages in a myeloma case can include the cost of dialysis and renal care, home adaptations after spinal injury, lost earnings, and future care. Unlike a standard injury claim, those special damages are not capped.

Our breakdown of cancer misdiagnosis compensation sets out the heads of loss in detail.

How a myeloma misdiagnosis claim is resolved in Ireland

Most Irish clinical negligence claims settle without a trial, and recent court reforms now push both sides toward earlier mediation. Around 97 per cent settle before a hearing, but the process is slow, usually running several years from start to finish. Knowing the realistic route helps you plan. The figures below come from State Claims Agency and Medical Protection Society data.

Around 97 per cent of clinical claims settle before trial. Only 35 of 2,593 claims finalised between 2021 and 2024 were decided by a court ruling, on an analysis of Agency data Irish Examiner (April 2025) [9].

Mediation is rising fast. The State Claims Agency reports that 43 per cent of concluded clinical claims with damages in 2024 involved mediation. That is up from 32 per cent in 2022 State Claims Agency (2024) [10]. Since 28 April 2025, the Clinical Negligence List under Practice Directions HC131 and HC132 requires a party seeking a trial date to offer mediation within three weeks.

The process is slow and costly by international standards. Medical Protection Society data puts the average Irish clinical claim at 1,462 days, around four years. That is 56 per cent longer than the equivalent in the UK Medical Protection Society (2024) [11]. The same data records an average legal cost of €34,646 per claim. These figures are system averages, and a single-defendant delayed-diagnosis case is usually quicker and cheaper than a catastrophic claim.

Who you claim against depends on where the negligence happened. A claim arising in a public hospital is managed by the State Claims Agency under the Clinical Indemnity Scheme. The HSE, not the individual doctor, is the defendant. A claim against a GP, or against a private hospital such as the Beacon, Blackrock Clinic or Mater Private, is defended by that provider's own indemnity insurer. Where a diagnosis was delayed across both settings, liability may be split and separate claims may be needed.

Time limits for a myeloma claim in Ireland

The time limit is two years less one day, running from your date of knowledge rather than the date of the error. The date of knowledge is when you first knew, or ought reasonably to have known, that your injury was significant and connected to the negligent act. In a missed-diagnosis case that is often the date of the eventual myeloma diagnosis, not the earlier appointment where the result was overlooked.

A timeline showing the two-years-less-one-day limitation period for a myeloma misdiagnosis claim runs from the date of knowledge, not the date of the missed appointment Symptoms begin Missed appointment red flag overlooked Date of knowledge usually the diagnosis Deadline 2 years less 1 day The clock runs from here
The two-year clock starts at the date of knowledge, often the eventual diagnosis, not the missed appointment. Different rules apply for children, for those who lack capacity, and for fatal-injury claims.

The distinction matters because the negligence and the realisation can be months or years apart. Different rules apply for people under 18 and for those who lack capacity, and a fatal-injury claim by dependants runs from a different date. Because these limits are strict and the calculation is fact-specific, our page on the date of knowledge rule explains how the clock is counted.

How an Irish myeloma claim differs from a UK claim

An Irish myeloma misdiagnosis claim runs on a different legal framework from a claim in England and Wales, and the differences are not cosmetic. Much of the myeloma claim information online is written for UK readers and does not apply here. The table below sets out the points that matter most for an Irish claimant.

PointRepublic of IrelandEngland & Wales
Time limitTwo years less one day from date of knowledgeThree years from date of knowledge
Standard for breachThe Dunne principles (Dunne v National Maternity Hospital)The Bolam test, as refined by Bolitho
Damages guidelinePersonal Injuries Guidelines 2021Judicial College Guidelines
Pre-court bodyNone for clinical negligence; issued directly in the High CourtPre-action protocol applies before issuing
Loss of chanceRecognised but unsettled (Philp v Ryan)Restricted by Gregg v Scott

The practical effect is a shorter deadline and a different route to court, which is why advice from an Irish solicitor matters from the outset.

Your right to open disclosure after a missed cancer

Irish law now imposes a statutory duty of mandatory open disclosure, though it is confined to a defined list of serious patient-safety incidents rather than every missed diagnosis. The Patient Safety (Notifiable Incidents and Open Disclosure) Act 2023 commenced its mandatory open-disclosure provisions on 26 September 2024 Government of Ireland [8]. The mandatory duty attaches to a closed list of notifiable incidents in Schedule 1 of the Act, which are mainly unintended or unanticipated deaths and certain maternity and neonatal events, and the Act separately requires the HSE's cancer screening services to tell patients of their right to a review of a breast, bowel or cervical screening. Most delayed-diagnosis cases, including a delayed myeloma diagnosis, fall outside this mandatory list, so disclosure in those cases rests on the broader National Open Disclosure Framework, which is voluntary best practice rather than a statutory entitlement.

An open-disclosure meeting can be a source of information about what went wrong, though it isn't a substitute for an independent review of your records. If a hospital or the HSE has told you that your diagnosis was delayed, that is a strong signal to have the file assessed by a solicitor. It doesn't, by itself, prove a claim, but it often marks the point at which the date of knowledge begins.

Speak to a solicitor about a multiple myeloma misdiagnosis. Perhaps you or a family member had a delayed myeloma diagnosis after symptoms or abnormal blood results were missed. You can discuss your situation with a medical negligence solicitor in a no obligation consultation. Gary Matthews Solicitors are personal injury solicitors in Dublin acting for clients across Ireland. Call 01 9036408.

References

  1. [1] National Cancer Control Programme. NCCP Haematology Referral Information Manual (Adult), v1. HSE, February 2026.
  2. [2] Irish Cancer Society. Multiple myeloma. Accessed June 2026.
  3. [3] Howell DA and others. Myeloma: patient accounts of their pathways to diagnosis. PLOS ONE, 2018.
  4. [4] Presenting symptoms in newly diagnosed myeloma. Secondary analysis of the TEAMM trial. 2023.
  5. [5] International Myeloma Working Group. IMWG criteria for the diagnosis of multiple myeloma. Accessed June 2026.
  6. [6] National Cancer Registry Ireland. Cancer trends No. 41: Haematological malignancies. NCRI, 2024. Myeloma five-year survival rose from 27% (1994 to 1998) to 64% (2014 to 2018).
  7. [7] Judicial Council. Personal Injuries Guidelines. 2021. Awards vary case by case.
  8. [8] Government of Ireland. Patient Safety (Notifiable Incidents and Open Disclosure) Act 2023. Open-disclosure provisions commenced 26 September 2024.
  9. [9] Irish Examiner. Analysis of State Claims Agency clinical claims data, 2021 to 2024. April 2025.
  10. [10] State Claims Agency. Clinical Indemnity Scheme and Annual Report data. 2024. Mediation rose from 32% (2022) to 43% (2024) of concluded clinical claims where damages were paid.
  11. [11] Medical Protection Society, reported by the Irish Medical Times. Irish clinical negligence claims average 1,462 days and €34,646 in legal costs. 2024 data, reported March 2025.
  12. [12] Atkin C and others. Diagnosing myeloma in general practice: how might earlier diagnosis be achieved? British Journal of General Practice, 2022. Survival-by-route figures reflect UK population data on the clinical course of the disease.

Common questions about multiple myeloma misdiagnosis claims

What is a multiple myeloma misdiagnosis claim in Ireland?

It is a medical negligence claim for the harm caused by a negligent delay in diagnosing myeloma. It compensates the avoidable injury from the delay, such as kidney damage or a spinal fracture, not the cancer itself.

How is multiple myeloma usually missed?

Its early signs, back pain, tiredness, anaemia and recurrent infections, are common and non-specific. Most cases are missed when an abnormal blood result, such as raised protein or unexplained anaemia, is not followed up with the tests that diagnose myeloma.

Can I claim if my myeloma was incurable anyway?

Possibly yes. Myeloma is treatable but not curable, yet Irish law can still compensate the loss of a real chance of better treatment or longer survival. The governing authority is Philp v Ryan [2004] IESC 105, though the doctrine remains unsettled.

What is the difference between MGUS and active myeloma for a claim?

MGUS and smouldering myeloma involve an abnormal protein but no organ damage, and are not treated. Active myeloma involves end-organ damage under the CRAB criteria. Whether a patient had crossed that line at the missed appointment often decides the claim.

Can I claim if a blood test result was never followed up?

Yes, this is one of the most common grounds. A result might show a red flag such as raised protein or anaemia. If a competent doctor would have ordered further tests or referred, a failure to act on it can be negligent.

What blood tests diagnose myeloma?

The key screening tests are serum protein electrophoresis and serum free light chains, with a urine Bence Jones test as an alternative. A bone marrow biopsy confirms the diagnosis. The NCCP manual lists these tests where suspicious results appear.

How long do I have to make a claim in Ireland?

Two years less one day from your date of knowledge, which is usually the date of the eventual diagnosis rather than the missed appointment. Different rules apply for children, for those who lack capacity, and for fatal-injury claims.

Does a myeloma claim go through the Injuries Resolution Board?

No. Medical negligence claims are exempt from the Injuries Resolution Board and proceed directly through the courts. The general damages are still assessed with reference to the Personal Injuries Guidelines.

What compensation can a myeloma misdiagnosis claim recover?

General damages for pain and suffering, plus special damages for financial loss such as dialysis costs, home adaptations, lost earnings and future care. In serious cases the special damages, which are uncapped, are often the larger part.

What is open disclosure and how does it relate to my claim?

Open disclosure is a provider's duty to communicate openly with you following a patient-safety incident. The mandatory statutory duty under the 2023 Act is confined to a closed list of serious notifiable incidents, mainly unanticipated deaths and certain maternity and neonatal events, plus a right to a review of breast, bowel or cervical screening. A delayed cancer diagnosis usually falls outside that mandatory list, so disclosure then rests on the voluntary National Open Disclosure Framework. Either way, if you are told your diagnosis was delayed it can reveal what went wrong and often marks your date of knowledge, but it doesn't by itself prove negligence.

My back pain was called arthritis. Could that be a missed myeloma?

It can be. Persistent back or bone pain put down to arthritis or ageing is one of the most common ways myeloma is missed. The risk is higher when it appears alongside anaemia or a raised protein. Whether that amounts to negligence depends on what other signs were present and what tests a competent doctor would have ordered.

Can I still claim if I had other health problems at the time?

Often yes. Most myeloma patients are older and have other conditions, and a defence will point to them. Irish law does not require the delay to be the only cause of harm. It is enough that the delay was a material factor that meaningfully worsened your position, so a pre-existing illness does not automatically end a claim.

Gary Matthews Solicitors

Medical negligence solicitors, Dublin

We help people every day of the week (weekends and bank holidays included) that have either been injured or harmed as a result of an accident or have suffered from negligence or malpractice.

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