Damages awarded for delay of almost two years in diagnosing breast cancer
Candice, aged 53 attended her GP with a lump in her left breast. She was referred to the defendant, a consultant general surgeon, on a private basis.
Investigations performed included a fine needle aspiration and a mammogram. However, the defendant wrote to the GP indicating that he could not find a lump even though there was a suspicious mammogram and fine needle aspiration result.
The consultant discharged Candice from further care.
Almost two years later in December 1998, Candice attended a routine breast screening mammogram. This revealed a palpable lump in the left breast and a mammogram confirmed that Candice was suffering from breast cancer.
In February 1999, surgery in the form of a wide local excision and axillary clearance at level two was carried out. The tumour was grade one and she was prescribed radiotherapy and chemotherapy with tamoxifen.
Paul McNeil were instructed to investigate a cancer misdiagnosis claim on Candice’s behalf. The experts supported our view that the 23 month delay in diagnosing breast cancer reduced the prospect of her 10-year survival from 90% to 45%.
Fortunately, Candice has not suffered a recurrence of the cancer to date and is well. Paul McNeil settled the claim for £63,500 in October 2002.
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