Claim for delayed diagnosis of breast cancer

We have settled a clinical negligence claim brought by our client on behalf of the estate of his late wife and her dependants, which included their two sons, both in their early twenties.

Our client’s wife was diagnosed with triple negative breast cancer under the care of an NHS trust. The claim was brought against the trust for a delayed diagnosis of breast cancer.

Expert evidence was obtained in the fields of radiology and breast surgery that there was a delayed diagnosis of her cancer of around eight months, arising from substandard radiology reporting, substandard care by a nurse practitioner in the breast unit for failing to perform a core biopsy of the breast lump, and the failure of the breast unit multi-disciplinary team for not instigating further investigation before discharging her.

Breach of duty was denied by the trust, represented by NHSR. The parties were agreed that if breach of duty was established, she would have lived for an additional 1.4 years, had she been diagnosed eight months earlier.

The claim settled just prior to issue of proceedings, after disclosure of quantum evidence by the claimant and the exchange of offers to settle. No formal admissions of breach of duty were made by the trust.

The matter was of considerable importance to our client’s family, who were pursuing the claim in her honour. She had expressed strong wishes before she died to pursue the claim, in the hope that the procedural failures which resulted in her delayed diagnosis of breast cancer, might be avoided for future patients.

The settlement was for a five-figure sum, representing claims for loss of financial and services dependency, the statutory bereavement award, as well as an award for pain, suffering and loss of amenity, and the funeral expenses.