Negligent treatment of breast cancer can be serious. It could result in serious harm and even death. Breast cancer misdiagnosis claims could be made if you have been harmed by negligent medical care related to the diagnosis or treatment of breast cancer. You could make a medical negligence claim against a medical professional, NHS trust, private hospital or your GP.
In this guide we look at what breast cancer is, when you could claim for breast cancer and how it may be misdiagnosed. We also look at breast cancer misdiagnosis stories and at how compensation could be awarded in a successful medical negligence claim. We also look at the evidence which could help you to make a successful breast cancer misdiagnosis claim. Finally, we look at how a No Win No Fee solicitor could help you claim for misdiagnosis negligence.
If you have any questions about claiming for medical negligence, please speak to a team member. In addition to answering your questions about the claims process, they can assess your eligibility for compensation. Start your breast cancer compensation claim today:
- Speak to an advisor on 0800 652 3087.
- Use the live chat on this page.
- Or claim online for medical negligence using our contact form.
Browse Our Guide
- What Is Breast Cancer?
- What Are Breast Cancer Misdiagnosis Claims?
- How Can Breast Cancer Be Misdiagnosed?
- Breast Cancer Misdiagnosis Stories
- How Could Compensation Be Awarded For Breast Cancer Misdiagnosis?
- What Evidence Can Help In Breast Cancer Misdiagnosis Claims?
- Can I Claim Breast Cancer Compensation Using A No Win No Fee Solicitor?
- Read More About Making A Medical Negligence Claim
What Is Breast Cancer?
We will start by looking at what breast cancer is. According to the NHS, breast cancer in women is the most common form of cancer affecting women in the UK. It is a type of cancer which starts in the breast.
The latest breast cancer statistics show that there are 56,822 new breast cancer diagnoses each year in the UK (2017-2019 UK average). Of these, there are around 390 cases of male breast cancer per year in the UK. These statistics are from Cancer Research UK.
Breast cancer is caused by abnormal cells in the breast dividing and growing in an uncontrolled way. Eventually, it forms a tumour. Whilst breast cancer mainly affects women, men can also be affected.
The symptoms of breast cancer (including male breast cancer) include;
- A breast lump, including swelling or a lump in your armpit.
- A change in the feel, size or shape of your breast.
- Changes in your breasts skin.
- Fluid leaking from your nipple.
How serious a breast cancer diagnosis is depends on factors such as, your overall health, the size of the mass and whether the cancer has spread to other parts of the body. When cancer spreads to other parts of the body, it is called secondary breast cancer.
In the UK, a mammogram is offered to all women between the ages of 50 and 70 every three years. The earlier breast cancer is diagnosed and treated, the better the chance for recovery.
Find out more about how breast cancer misdiagnosis claims work by reading our guide below. To start your breast cancer claim, contact us today.
What Are Breast Cancer Misdiagnosis Claims?
A breast cancer claim is a way to take action against a negligent medical professional. All medical professionals such as doctors, GP’s, nurses, surgeons, hospitals and GP surgeries have a duty of care to their patients. This means that any healthcare professional involved in your treatment must meet the minimum standard of care.
For breast cancer misdiagnosis claims to be valid, they need to meet the eligibility criteria. These criteria are that;
- You were owed a duty of care (as outlined above) by a healthcare professional.
- A medical professional breached their duty, such as by failing to diagnose breast cancer despite having obvious symptoms. They may also have provided the wrong or negligent cancer treatment.
- You suffered unnecessary or otherwise avoidable harm, such as that caused by the delayed diagnosis of breast cancer. For example, you may need more invasive treatment that you wouldn’t have needed had a misdiagnosis not occurred.
It is important to note that there may be instances in which misdiagnosed breast cancer is not due to negligence. In such instances, you may not be able to claim for breast cancer negligence.
To check if you are eligible to claim breast cancer compensation, please speak to a member of our team today.
How Can Breast Cancer Be Misdiagnosed?
Failing to properly diagnose, refer or treat breast cancer where another medical professional would have done so could be considered medical negligence.
Examples of how breast cancer could be misdiagnosed could include;
- Medical professionals overlook the symptoms of cancer, resulting in a late diagnosis of breast cancer. This may mean that your prognosis for recovery is worse and you may require more invasive treatment.
- A doctor may have wrongly diagnosed your breast cancer as another medical condition. This means that there will have been a delay in receiving the right treatment.
Delays in you being referred to a specialist oncologist. This can mean that there are delays in you receiving appropriate treatment. - Receiving an overall poor standard of medical care. This could result in the person experiencing unnecessary suffering and pain, such as an infection because contaminated equipment was used.
To claim compensation for the failure to diagnose cancer, please contact our team. They could also discuss breast cancer misdiagnosis claims with you and check your eligibility.
Breast Cancer Misdiagnosis Stories
Sadly, there have been high profile instances of breast cancer misdiagnosis affecting patients. Below, we look at several instances of breast cancer misdiagnosis stories which have been reported in the UK.
- A woman was wrongly diagnosed with an aggressive form of breast cancer after having difficulty feeding her baby. She was diagnosed with triple negative breast cancer. Doctors carried out a double mastectomy on her. She subsequently underwent chemotherapy. Later, reconstructive surgery was carried out. When the misdiagnosis was discovered, she was left traumatised.
- A woman from Lincolnshire was wrongly told a pea-sized lump in her breast discovered during pregnancy was likely pregnancy-related. She was subsequently diagnosed with breast cancer at 4 months pregnant. Whilst a radical mastectomy and lymph node clearance was carried out, this did not remove all the cancer. She underwent chemotherapy after the birth of her child, but was told the cancer had spread to her lungs and was now incurable. The patient was left wondering if the delayed diagnosis of her cancer contributed to it becoming incurable.
You can find out more about cancer misdiagnosis negligence compensation claims by contacting our team today.
References
www.bbc.co.uk/news/uk-england-stoke-staffordshire-49049988
www.bbc.co.uk/news/uk-england-lincolnshire-67553148
How Could Compensation Be Awarded For Breast Cancer Misdiagnosis?
If your breast cancer compensation claim is successful, you will be awarded compensation. This may be made up of general damages, compensating you for your pain and suffering and special damages covering your financial losses. We should note that there is no average settlement for cancer misdiagnosis.
To calculate general damages, medical negligence solicitors and other parties involved in calculating compensation may make reference to the guidelines published by the Judicial College (JCG). The JCG lists different types of harm and illness with guidelines on how much compensation may be awarded.
Below, we have taken figures from the JCG. Please be aware that the figure in row one is not taken from the JCG and that this figure includes special damages. THis table is only included to show you how compensation could be awarded for successful breast cancer misdiagnosis claims. Please only use it as a guide.
| Harm | Severity | Notes | Compensation Guideline |
|---|---|---|---|
| Multiple serious or severe forms of injury with special damages. | Serious or severe. | Multiple injuries which are severe or serious. | Up to £1,000,000+ with special damages. |
| Brain damage | (b) Moderately severe | The injured person will be very seriously disabled. | £267,340 to £344,150 |
| Brain damage | (c) Moderate (i) | The person is left with a severe intellectual deficit. | £183,190 to £267,340 |
| Kidney | (a) Permanent kidney damage | Permanent and serious damage to both kidneys or the loss of both kidneys. | £206,730 to £256,780 |
| Bowels | (a) Double incontinence | Cases where the person has double incontinence. | Up to £224,790 |
| Female reproductive system | (a) Infertility | Infertility as a result of disease, with sexual dysfunction. | £140,210 to £207,260 |
| Female reproductive system | (c) Infertility | Infertility with no aggravating features. | £68,440 to £87,070 |
| Lung disease | (a) Affecting a young person | Lung disease with serious disability in a young person. | £122,850 to £165,860 |
| Lung disease | (b) Lung cancer | Typically seen in an older person and which impairs quality of life and function. | £85,460 to £118,790 |
| Scarring | Other parts of the body | Single disfiguring scar, such as on the back or chest. | £9,560 to £27,740 |
Can I Claim For The Long Term Impact Of A Delayed Diagnosis?
The second part of your compensation for the misdiagnosis of cancer is called special damages. These damages are made up of compensation for the wider impact that breast cancer negligence has had on you.
Examples of special damages awarded for medical negligence could include;
- Medical costs, such as prescription medication and other related costs.
- The cost of breast reconstruction.
- The cost of cosmetic aids, such as cosmetic surgery or a wig.
- Travelling to and from medical appointments related to breast cancer treatment.
- Loss of earnings due to time taken off work or the inability to return to work.
For more information on claiming compensation for the failure to treat cancer, and breast cancer misdiagnosis claims, please contact our team.
What Evidence Can Help In Breast Cancer Misdiagnosis Claims?
In order to sue for the misdiagnosis of cancer, you will need to supply evidence that shows liability. Items you could collect include;
- Copies of your medical records. These should show any diagnosis and treatment you were given. Also, they may highlight that your GP failed to diagnose cancer when another medical professional would have.
- Any correspondence you have had with the doctor, GP surgery, hospital, etc which you are taking action against.
- Details of any test results, such as blood tests which had cancer markers.
- Scan results.
One of our medical negligence solicitors could help collect evidence for female or male breast cancer misdiagnosis claims. Call an advisor for a free claim consultation.
Can I Claim Breast Cancer Compensation Using A No Win No Fee Solicitor?
If you are eligible, you could make a misdiagnosis negligence compensation claim with one of our No Win No Fee solicitors. Their No Win No Fee service is generally provided under a Conditional Fee Agreement (CFA).
When working with a specialist medical negligence solicitor on a No Win No Fee basis, you:
- Won’t be required to pay upfront for their services.
- Also won’t need to pay for your solicitor’s work as the claim progresses.
- Don’t need to pay for their services should your claim fail.
However, if your claim succeeds, a success fee will be taken from the breast cancer misdiagnosis compensation awarded to you. This percentage is legally limited, thus ensuring that you get to keep the maximum amount of your compensation.
Our team could help with breast cancer misdiagnosis claims. For more information, please contact a team member on;
- The phone by dialling 0800 652 3087.
- Our live chat at the bottom of this page.
- Or using our claim online form.
Read More About Making A Medical Negligence Claim
Below you can find more information on making a breast cancer compensation claim.
- Frequently asked questions about claiming for skin cancer misdiagnosis.
- If your lung cancer was misdiagnosed, check how to claim in this guide.
- In this guide we look at endometrial cancer misdiagnosis compensation claims.
References for breast cancer claims
- You can learn more about the breast cancer symptoms in women in this NHS guide.
- Read more about the treatment of breast cancer in this resource from Cancer Research UK.
- You can read more about NHS breast screening in this government resource.
Thank you for reading our guide to breast cancer misdiagnosis claims. If you have any further questions on how to claim compensation for negligent treatment, please contact our team.
