Breast Cancer Claim - 2 Year Delay

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DELAY IN DIAGNOSIS OF BREAST CANCER; UNNECESSARY CHEMOTHERAPY AND MORE INVASIVE SURGERY

K V Drs B and W

£100,000 for unnecessary chemotherapy and requirement for breast reconstruction.

In 1996 Mrs K was investigated by mammogram for breast lump. She was subsequently seen by her GPs with the lump present and reassured.

In 1998 Mrs K felt pain in her breast, noticed that the lump had increased in size and the nipple retracted. Her GP referred her for investigation and she was diagnosed with breast cancer.

Mrs K underwent chemotherapy, wide local excision, axilliary node dissection, and radiotherapy. Mrs K suffered hair loss, sickness, and required reconstructive surgery.

BREACH OF DUTY

It was Mrs K's case that her GPs should have referred her for a triple test (clinical examination and taking of history, ultrasound / mammogram, fine needle aspiration / core biopsy) as despite the mammogram being reported as normal her lump remained.

CAUSATION

It was Mrs K's case that a triple test would have resulted in earlier diagnosis of her cancer. She would not have needed chemotherapy, her surgery would have been less radical and she would not have needed breast reconstruction. There was no change in long term prognosis.

OUTCOME

The GPs accepted that they should have referred Mrs K to hospital earlier and the case was settled without trial for £100,000