In 2003 Joan found a lump in her breast. She was immediately referred to St Mary's Hospital in London for tests. A mammogram showed a suspicious area in the breast.
A few months later Joan underwent a core biopsy. She was wrongly reassured that all was well and that the changes were benign, when in fact they were malignant.
In 2006 Joan began to notice further abnormalities in her breast. She again attended her GP who gave her an immediate referral to St Mary's Hospital. On this occasion the core biopsy showed ductal carcinoma in situ ("DCIS") with areas of invasive cancer. Joan was told she would need to have a mastectomy and sentinel node biopsy.
During the mastectomy operation, an important nerve was severed, causing permanent damage. Joan also had to be rushed back in to hospital 4 days later for emergency surgery for a haematoma which developed. She was treated with chemotherapy and Tamoxifen, as a result of which she went into early menopause and suffered from hot flushes and pins and needles.
The long term tamoxifen treatment was alleged to have caused cataracts to develop. The delay in diagnosis reduced Joan's chances of survival. Joan underwent reconstructive surgery which was also sub optimal and left her with marked asymmetry in breast size and position. She suffered psychologically as a result of the negligence.
Sam Critchley investigated the claim for Joan and started proceedings in the High Court. Whilst it was admitted that the Breast Clinic team at St Mary's Hospital had negligently delayed diagnosis until 2006 it was the Defendant's position that Joan would have required exactly the same treatment and surgery that she had, except for the chemotherapy and node clearance.
The case settled for a six-figure sum, six months before trial. The award included compensation for Joan's pain and suffering (physical and emotional) and a significant sum for loss of earnings and therapy expenses. We acted for Joan on a no win, no fee basis.
- You can speak to our medical negligence solicitors on freephone 0800 358 3848
- e-Mail us at firstname.lastname@example.org
- Complete our short enquiry form
All enquiries are completely free of charge and we will investigate all funding options for you including no win, no fee.
Contact us on freephone 0800 358 3848
Or start your claim online.
"The group is praised for its commitment to 'demystifying the legal process' while this is a firm for which the client has always been a priority"
Fieldfisher has successfully been recognised as an "Occupation and Asbestos Disease Specialists" Fieldfisher are now recognised as assessors
Charities we support
Fieldfisher boosts its leading medical negligence team with partner Jenny Urwin joining in March
Leading medical negligence lawyers Fieldfisher has hired Jenny Urwin, Slater and Gordon Lawyers' Manchester head of clinical negligence.
Medical Negligence and Personal Injury Teams top the Legal 500 rankings
Fieldfisher's Personal Injury and Medical Negligence teams have been listed tier 1 in the Legal 500 rankings.
An apology can be the difference between grieving well and being stuck in hell
Complicated grief can persist for years and a lack of answers can be a factor that prevents recovery after losing a loved one.
Arti Shah highlights Cervical Screening Awareness Week with a device that could make testing more comfortable
Scientists at Duke University, North Carolina have developed a new device that will hopefully make smear tests less uncomfortable for women, cheaper and more readily available.