Breast Cancer Claim - 15 Month Delay

GENERAL PRACTITIONER; BREAST CANCER; DELAY IN DIAGNOSIS; DEATH

£252,861 to the dependents and estate of A who died due to a 15 month delay in diagnosis of breast cancer.

THE OFFICIAL SOLICITOR (ON BEHALF OF A) V DR A (2004)

A complained of breast lump to her GP. A was examined and reassured.

18 months later A was diagnosed as suffering from breast tumour. A died of her tumour 21 months after diagnosis.

BREACH OF DUTY

It was argued on A's behalf that the GP should have asked A to reattend for follow up check examination shortly after the first examination and that had a follow up examination taken place A would (or should) have been referred to breast clinic.

CAUSATION

It was argued that had A been referred to breast clinic her tumour would have been diagnosed some 15 months before it eventually was. That the tumour would not have spread and A would have made a complete recovery following treatment.

OUTCOME

The case was defended to trial. The case succeeded at trial. The Court awarded £252,861 to A's estate and dependents.