Mrs J is a health professional. She was diagnosed and successfully treated for breast cancer many years previously. However, she was aware that there was always a risk of a recurrence or of a new tumour developing. She was concerned when she developed inflammation over the site of her previous surgery. She approached a breast surgeon in her own trust with her concerns. Mrs J had been followed up previously with MRI scans due to the extent of breast tissue removed at the previous surgery.

She was reviewed and advised that her symptoms were indicative of an infection and she was prescribed antibiotics. Although she did have a mammogram; this was not felt, by Mrs J, to be an adequate test to diagnosis breast cancer in her case due to the amount of breast tissue remaining.

Mrs J's symptoms did not settle. She became very concerned and returned to the breast surgeon. However, she was again re-assured that all was well and that there was no evidence of a recurrence.

Mrs J's symptoms progressed. She was diagnosed with breast cancer, 15 months after she first presented, in the same breast as previously. She required major surgery and chemotherapy. She was devastated at the failure of a colleague within her trust to diagnose her condition much sooner then was the case. She approached Patricia Wakeford, a Solicitor in Blake Lapthorn's specialist Clinical Negligence team.

This case was complicated as although a clear failure in care was identified by Mrs J's expert Oncologist; the trust denied liability. Matters progressed and although Mrs J appreciated that her life expectancy had been statistically affected, she would still have required the surgery even if diagnosed 15 months earlier. On this basis Mrs J offered to conclude her claim for £15,000.00. The trust accepted her offer.




For more information please contact Patricia Wakeford, a Solicitor in our Clinical Negligence team on 02380 857310 or at patricia.wakeford@bllaw.co.uk. Alternatively, please fill in our Contact form and we will call you back.