Helping family move forward after fatal delay in diagnosis of breast cancer

Our client was aged 43 at the date of her death. She left a surviving partner and two children, both under the age of 18. She attended her General Practitioner with a left breast lump and was referred to the local hospital. The hospital undertook a mammogram, reassured her, and discharged her.

Some six months later, our client was referred back to the hospital as the lump had grown. A subsequent mammogram and ultrasound were not reassuring, and following a needle core biopsy, breast cancer with probable vascular invasion was diagnosed. Despite a subsequent mastectomy, chemotherapy, and radiotherapy, our client developed liver metastases and underwent chemotherapy and palliative care prior to her death some 2 ½ years after the diagnosis.

Expert evidence revealed that the initial mammogram was not correctly reported. Had it been properly interpreted, a biopsy would have been performed and breast cancer diagnosed some six months earlier. The tumour would have been smaller, and our client would likely have been cured of her disease. This was initially not accepted by the hospital, but eventually, through perseverance, we were able to secure an admission of liability, with the hospital accepting that the diagnosis ought to have been made earlier. However, there remained a dispute between both parties about what our client’s outcome would have been had diagnosis and treatment started six months earlier.

It was evident that our client would have suffered from breast cancer and required invasive and significant treatment, but the medical evidence suggested that she would not have developed a terminal disease, though her life expectancy would have been compromised.

There were significant issues between the parties regarding the amount of compensation our client’s family should be awarded to reflect the loss of services of a partner and mother.

Eventually, following negotiations between the parties, settlement terms were reached just before Trial, with our client’s family being awarded £166,000.00, approved by the Court.