We obtained a full admission of liability from the Hospital Trust following a delayed diagnosis of breast cancer. This came after another firm had advised there were no prospects of the claim succeeding.
What Happened?
Our client found a lump in her breast and consulted her GP on the telephone. She was told to call back in two weeks’ time if the lump was still there. Two weeks later, it was still there and our client arranged to see the GP. During the appointment, the GP said they could not feel the lump, despite our client pointing it out. Disregarding our client’s request for a referral, the GP re-assured her there was no need for further investigation.
Later that year, our client noticed that not only was the lump still there, but the lymph nodes in her armpit had become swollen and painful. She saw the GP and was sent for further tests. She was subsequently diagnosed with breast cancer. As a result of the stage the cancer had got to by the point of diagnosis, she required a mastectomy, radiotherapy and chemotherapy. These treatments for the delayed diagnosis of breast cancer have left her with life-changing injuries, as well as having a negative impact on her mental wellbeing.
“This is a big relief… This is good news, I can't thank you enough for your hard work and the faith you have in my corner.”
How We Helped:
Our client came to us for a second opinion. Her claim had been rejected by another firm on the basis that it would not succeed. Given our experience of similar cases, we thought that she did have a good case.
We obtained independent medical expert evidence from a GP, an oncologist and a breast surgeon. They confirmed what we had suspected – there had been negligence in that the GP should have identified the lump and made a referral for tests eight months earlier. If that had been done, the breast cancer would have been found and our client would have avoided the need for a mastectomy and her life expectancy would have been better.
The GP’s legal representative denied liability and requested that we discontinue the claim. Not giving up, we obtained further evidence from our experts and we rebutted their denial. They then admitted that the GP should have identified the lump and referred our client for investigations eight months earlier.
Our client was overcome with relief that she had been found to have been right. Both in terms of being certain that she did have a lump, and in respect of not giving up with the claim, despite being told by her previous firm that she would not be successful.
Our client was sent a letter by the GP apologising for what had happened. We understand that no apology can undo the harm that has been caused to our clients, but we think our clients benefit from receiving an acknowledgement that there has been a failure in their care. Importantly, claims often result in the GP surgery or hospital reviewing their procedures to ensure the same thing does not happen again.
Update on Our Client’s Delayed Diagnosis of Breast Cancer Story
Since we first shared our client’s story about the devastating impact of a delayed diagnosis of breast cancer, following the admission of liability we secured on her behalf, we are pleased to report that her claim has now settled.
In order to value her claim, further expert evidence was required from a breast surgeon and a psychiatrist. Having obtained all the necessary evidence it was clear that the impact of the admitted delayed diagnosis of breast cancer was not as significant as it might have been for a variety of reasons.
Firstly, our experts believed that the breast cancer was always likely to result in our client having a reduced life expectancy. The difference in life expectancy was determined to be around nine years as a consequence of the delay in diagnosis of breast cancer, which meant that she was always likely to have died before she reached her normal state pension age.
Secondly, our experts believed that the vast majority of the treatment that our client required for the breast cancer would have been needed anyway (apart from the mastectomy, which would have been avoided if the delay in diagnosis had not occurred), and that she would therefore have had the same ongoing symptoms in any event, and the same impact upon her ability to work.
Thirdly, our client made the decision that she did not want to have breast reconstruction surgery, so the costs of private surgery could not be recovered.
Finally, our expert psychiatrist reached the conclusion that the majority of her psychological symptoms were caused by the diagnosis and treatment of the cancer itself and were not linked to the delay in diagnosis of breast cancer.
Having made an initial offer of £80,000, the claim was ultimately settled for £70,000. This represented a very good settlement given the particular circumstances of the claim.
Our client commented: “I’m so glad I found CL Medilaw to fight my case. You guided me through some very stressful times, I will all always be grateful for that. You believed in my case as a second opinion, and the difference [to the previous law firm] was astonishing. I cannot thank you enough for believing in my case.”
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We have supported our client throughout this difficult process, not giving up when the claim was denied and believing in her. Being diagnosed with cancer can be shocking and extremely distressing. Knowing that a delayed diagnosis of breast cancer could have been avoided if she had been believed, is especially devastating.
We are frequently approached for a second opinion, and we quite often take on claims that have been turned down by other firms. If you, or a loved one, has suffered as a result of a similar situation, get in touch now to arrange a free initial consultation or case review.
