Delay in diagnosis of breast cancer – £60,000 settlement

This case concerned a young woman who experienced a delay in the diagnosis of breast cancer after attending her GP surgery with a breast lump. Despite presenting with concerning symptoms, she was not referred for urgent investigation at her first appointment, resulting in a significant delay in diagnosis and treatment. When she was eventually referred, she was diagnosed with stage III invasive ductal carcinoma which had spread to her lymph nodes, requiring extensive and life-changing treatment.

Following admissions of liability by the Defendant, our Medical Negligence team successfully negotiated a settlement of £60,000, reflecting the additional pain, suffering and impact caused by the delay.

Client’s story

Our client attended her GP surgery after discovering a lump measuring approximately 2–3cm in her right breast. She was seen by a paramedic, who advised that the lump was likely to be a benign cyst and suggested she simply keep an eye on it. No safety-netting advice was given and no follow-up appointment or referral was arranged.

Over the following weeks, the lump continued to grow and became increasingly painful. Two months later, our client returned to the GP surgery and was seen by a healthcare practitioner. Recognising the seriousness of her symptoms, the practitioner immediately referred her for further investigations under the two-week wait cancer pathway.

When she attended hospital, clinicians expressed serious concern that she had not been urgently referred when she first presented. Tragically, our client was diagnosed with stage III invasive ductal carcinoma which had spread to her lymph nodes. She was advised that, had she been referred promptly at her first appointment, it was likely the cancer would not have metastasised before diagnosis and treatment.

As our client had not yet started a family, she underwent egg retrieval prior to commencing treatment. She then endured seven months of chemotherapy, after which she was advised the cancer was in remission. This was followed by a lumpectomy and lymph node removal surgery, as well as two courses of immunotherapy and a course of radiotherapy. While she has since been given the all-clear, she continues to suffer numbness and ongoing discomfort in her underarm as a result of the lymph node removal.

How we helped

Our client contacted us to assist with a claim relating to the period of diagnostic delay. Following initial investigations, it was confirmed that there was likely a failure by the GP surgery to refer our client in a timely manner for further investigation into her breast lump.

We set out detailed allegations in a Letter of Claim, including:

• Failure to provide appropriate advice when our client first presented with a breast lump.
• Failure to make an appropriate and urgent referral for further investigation.

As a result of these failings, our client endured an extended period of pain and anxiety, and her cancer metastasised, requiring more intensive treatment and potentially affecting her long-term prognosis.

The Defendant subsequently served a Letter of Response making admissions of liability. We then negotiated settlement on our client’s behalf, achieving compensation of £60,000, which reflected the additional harm and impact caused by the delay in diagnosis.

Testimonial

“The team always made me feel like a priority and no questions of mine were silly – they always took the time to explain things to me in a clear way. My case was not easy and they stuck by me the whole way. I am very grateful to them.” – Client, Fosters Solicitors

“This was a deeply distressing case for our client, who did exactly the right thing by seeking medical advice promptly when she discovered a breast lump. This was a complex case, requiring considerable investigation to understand the harm caused by the delay. We were pleased to have secured a settlement that reflects the additional pain, suffering and uncertainty she endured, and we are proud to have supported her through what was an incredibly challenging period of her life.” – Charlotte Bishop, Solicitor, Fosters Solicitors

GP negligence claim experts

General Practitioners are often the first point of contact when patients experience symptoms of illness or injury and, in the vast majority of cases, provide a high standard of care. However, GP negligence can occur and, as this case demonstrates, the consequences can be serious.

Our specialist Medical Negligence team has extensive experience in GP negligence claims, including:

• Misdiagnosis or delayed diagnosis.
• Failure to act on test results.
• Failure to investigate symptoms.
• Failure to refer.
• Inappropriate prescriptions.

We want to work with you to achieve the best possible outcome for your claim. We offer a free, no-obligation initial meeting or conversation, followed by a detailed letter of advice. We can also discuss funding options, including no win, no fee agreements.

If you require any assistance with a GP negligence claim, please do not hesitate to contact us.