£75,000.00 Compensation for Delay in Cancer Diagnosis
Our team of medical negligence solicitors have successfully secured £75,000.00 compensation for a Claimant who’s 10-year survival had been reduced from 88% to 87%, and her life expectancy reduced by a further 0.2 years after there was a delay in breast cancer diagnosis.
Cancer Negligence Claim
The claim arose after the Claimant was referred by her GP to the ‘one-stop’ breast clinic under the 14-day rule with an abnormality of the breast.
At the breast clinic, the claimant was seen by an ST4 Surgical Trainee who on reviewing her history and following examination assessed the breast changes as benign. Therefore, no supporting imaging was requested, no follow up appointment was arranged and the Claimant was discharged from clinic.
Three months later, the Claimant attended a routine screening mammogram, which detected a periareolar lobular carcinoma measuring 24 x 15 mm.
Our Investigation
The Claimant contacted Morrish Solicitors regarding a cancer negligence claim, our team of specialists investigated the case.
The Defendant Trust undertook a comprehensive investigation into this incident and completed a Root Cause Analysis Investigation Report.
In view of the content of the same, a Letter of Notification was sent to the Defendant Trust who were invited to concede liability at an early stage with the view of avoiding unnecessary costs.
Liability was admitted for a 3-month delay in diagnosis and treatment of breast cancer. The Defendant admitted that if the Claimant had been diagnosed 3 months earlier, she would have undergone breast preserving surgery with sentinel node biopsy followed by radiotherapy.
Expert evidence was obtained from a Consultant Breast Surgeon and Consultant Psychologist in respect of condition and prognosis.
But for the negligence, the Claimant would have had a mammography, US scan and biopsy and the left breast cancer would have been diagnosed within around a week. Treatment would have included a central wide excision, a sentinel node procedure, left breast radiotherapy and hormone therapy.
As a result of the negligence the Claimant suffered a 3-month delay in diagnosis of breast cancer. She had a left sentinel lymph node biopsy under general anaesthetic followed by a skin sparing mastectomy with immediate reconstruction.
The Claimant underwent an exploration procedure because the reconstruction was swollen and the skin edges looked ischaemic. The Claimant had a further operation to explore the wound and apply a VAC dressing.
The Claimant had another operation to explore the wound, to debride the wound, and to change the VAC dressing.
The Claimant later underwent right breast reduction with lipomodelling of the reconstructed left breast and revision of the donor site scar on the left side of her back. The Claimant had further surgery to try to improve the appearance of the scarring on the left side and remove a lump of fat which was protruding.
Since the operations, the Claimant experienced ongoing symptoms (pain, tenderness, and numbness) in her back as a result of the revision of the donor site. She had extensive scarring resulting in a much higher chance than normal that a nipple reconstruction would fail. It was therefore recommended that the Claimant avoided surgical nipple reconstruction and instead had a prosthetic nipple/areola made.
The Claimant’s 10-year survival had been reduced from 88% to 87%, and her life expectancy reduced by a further 0.2 years.
The Claimant suffered psychological symptoms in the form of an adjustment disorder.
Delayed Cancer Diagnosis Settlement
Following disclosure of the Claimant’s Schedule of Loss and expert condition and prognosis evidence on a without prejudice basis, the parties negotiated settlement of the claim to the sum of £75,000.
Medical Negligence Experts
Morrish Solicitors is a long-established law firm based in West Yorkshire. We have an experienced team of medical negligence solicitors specialising in cancer claims and delayed treatment claims. Over the years, we have supported many clients after they’ve been let down by medical professionals.
If you or a loved one has suffered due to delayed cancer treatment you could be entitled to compensation. Contact our medical negligence experts today on 033 3344 9600.
