Breast Cancer Claim - 9 Month Delay

9 MONTH DELAY IN DIAGNOSIS OF BREAST CANCER; SPREAD TO LYMPH NODES; OTHERWISE AVOIDABLE CHEMOTHERAPY

£17,500 (50% of full valuation) for unnecessary chemotherapy caused by 9 month delay in diagnosis and treatment of breast cancer.

W V DR S (2006)

37 year old W saw her GP in August and October 2002 and again in May 2003 complaining of breast lump. The notes recorded an offer of referral to breast clinic in August and October which was refused. In May 2003 the GP examined the breast lump and W was referred for further investigation. Breast cancer was diagnosed.

W underwent wide excision, removal of axillary lymph nodes, chemotherapy, and radiotherapy, and revision surgery.

BREACH OF DUTY

It was W's case that she should have been told there was a risk of breast cancer and should have been strongly advised to attend breast clinic in August and October 2002.

CAUSATION

It was W's case that referral in August 2002 (9 months earlier) would have led to diagnosis before the tumour spread to her axillary lymph nodes and that her chemotherapy would not have been needed.

OUTCOME

The case was settled on a 50% valuation basis for £17,500 due to litigation risks.