£75,000 compensation secured for delay in diagnosis of breast cancer
Our team of medical negligence solicitors successfully secured £75,000 compensation for a Claimant who suffered a 3-month delay in diagnosis of breast cancer.
Cancer Negligence Claim
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 abnormality as benign. No supporting imaging was requested, no follow up 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 Defendant Trust undertook a comprehensive investigation into the incident and completed a Root Cause Analysis Investigation Report.
In view of the content of the report, a Letter of Notification was sent to the Defendant Trust who were invited to concede liability at an early stage.
Liability was admitted for a 3-month delay in diagnosis and treatment of the Claimant’s breast cancer.
The Defendant admitted that 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.
Expert evidence was obtained from a consultant breast surgeon and consultant psychologist in respect of condition and prognosis.
As a result of the negligence, the Claimant underwent left sentinel lymph node biopsy under general anaesthetic followed by a skin sparing mastectomy with immediate reconstruction. The Claimant developed infection and underwent a further 3 operations to explore and debride the wound and apply a VAC dressing.
The Claimant subsequently 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.
The Claimant experienced ongoing symptoms of pain, tenderness, and numbness in her back at the donor site scar. 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 condition and prognosis evidence, the parties negotiated settlement of the claim in the sum of £75,000.
Medical Negligence Experts
We have an experienced team of medical negligence solicitors specialising in cancer claims and delayed treatment claims. 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 9613 or email [email protected].
