Fatal Breast Cancer Claim - 15 Month Delay

DELAY IN DIAGNOSIS OF BREAST CANCER; 15 MONTH DELAY; DEATH

ADSHEAD V TOTTLE (2007)

Mrs A complained of a breast lump to her GP. She was not referred for further investigation but reassured. 15 months later Mrs A attended a different GP who referred her urgently for investigation. Cancer was diagnosed and Mrs A underwent mastectomy, radiotherapy, and chemotherapy. Mrs A died 16 months after diagnosis.

The GP defended the claim saying that when she examined Mrs A the lump was not discrete but was an "asymmetrical nodularity”. Further that she had asked Mrs A to return to the surgery a month later and if the lump had been discrete she would have referred Mrs A to hospital.

The Judge decided that the lump was discrete, that the GP did not make it clear to Mrs A she should return for further assessment, and that the GP should have referred Mrs A to hospital.

Had Mrs A been referred to hospital when she first attended her GP she would have been diagnosed and treated 14 months earlier. Treatment 14 months earlier would have meant that there was a 70% chance Mrs A would have survived for at least 10 years.

SOLICITORS COMMENT

The Courts make the assumption that the patient would have survived if there would have been a 51% or greater chance of survival. Compensation is then assessed on the basis that the patient would have survived and the percentage chance that they would have died even with prompt and proper treatment is ignored.