Husband sues over late wife’s undiagnosed breast cancer

Melissa Hamilton was 34 when she died eight days after giving birth to her third child

A young mother died of breast cancer after two missed opportunities to diagnose the disease, the High Court has heard.

Melissa Hamilton from Donegal was 34 when she died eight days after giving birth to her third child in September 2011.

Mrs Hamilton’s husband, Seamus Hamilton, told Mr Justice Anthony Barr he was lucky enough to marry his “soulmate” but, when she died just a fortnight after her breast cancer was finally diagnosed, it felt like “a different world”.

Mr Hamilton is suing for damages for nervous shock due to the wrongful death of his wife.

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Mr Hamilton, of Sallywood, Killgordon, Co Donegal, on behalf of himself and his three children, have sued Eileen Coyne, a GP with an address at Health Centre, Stranorlar, Co Donegal, and the Health Service Executive.

It is claimed Dr Coyne had a duty of care to Mrs Hamilton to exercise all reasonable skill to assist in diagnosis and early treatment of her breast cancer.

HSE responsibility

The HSE, it is claimed, was responsible for the control, management and operation of the Breast Centre North West triple-assessment clinic in Letterkenny General Hospital, and that it also had a duty to take all reasonable steps to safeguard Mrs Hamilton’s life.

It is claimed there was failure to diagnose Mrs Hamilton’s cancer at an earlier treatable stage and negligent delay in achieving a cancer diagnosis.

Liability was admitted last month, the judge was told, and his task was to assess damages.

The court heard Mrs Hamilton began to attend Dr Coyne, in November/December 2009 with symptoms relating to her right breast. She was referred to the breast clinic in Letterkenny in February 2010 for a scan and told she had a benign cyst.

Eugene Gleeson SC, for Mr Hamilton, said this was the first missed opportunity. By June 2010 the pain was worse and there was a discharge from her breast. She was referred to the clinic again, diagnosed with mastitis, prescribed antibiotics and referred back to her GP.

Continued consulting

Counsel said that was the second missed opportunity, and that Mrs Hamilton sadly laboured under the impression she was well. In the following months she continued to consult her GP, presenting with symptoms including a lump.

In August 2011 she went to a locum GP, who referred her to the breast clinic, where she was diagnosed with invasive grade three cancer. She had an 8cm tumour in her right breast and it was decided to deliver her baby by C-section at 28 weeks.

The baby was taken to hospital in Derry within an hour of her birth. Mrs Hamilton remained in hospital, where she died on September 8th.

The case continues.