Posted: 24/08/2023
The specialist cancer claims team at Penningtons Manches Cooper has settled a claim for a young woman whose breast cancer hormone status was wrongly managed after medical professionals at Imperial College Healthcare NHS Trust negligently misinterpreted histopathology samples they had taken from her.
The claimant was diagnosed with ‘triple positive’ (positive for oestrogen, progesterone and HER2 receptors) breast cancer in September 2019. She had chemotherapy and HER-2 targeted treatment before undergoing surgery. In March 2021 she was told that her cancer was actually negative for HER-2, meaning the cycles of HER-2 treatment she had undergone over a 13-month period were unnecessary and there had been a delay in her receiving appropriate treatment for her cancer.
Her histopathology results should have been reported as showing breast cancer that was HER-2 negative in September 2019. She should have been advised accordingly, and would have proceeded to receive chemotherapy followed by surgery.
Fortunately, the claimant’s long-term prognosis had not been affected by the inappropriate treatment but it had a significant impact on her quality of life while she endured the unpleasant side effects. In addition, the treatment impacted her heart function (although this resolved after it ended), had a psychological impact on her and caused her to develop peripheral neuropathy.
Having reviewed the claimant’s medical records and obtained independent medical expert opinion from a histopathologist and oncologist, Penningtons Manches Cooper presented a claim to the NHS trust. An admission of liability was made and after negotiations, the claim was settled without the need to issue court proceedings.
Philippa Luscombe, partner in the clinical negligence team at Penningtons Manches Cooper, who specialises in cancer claims, comments: “Unfortunately the misinterpretation of the histopathology samples had a significant impact on our client. While the physical effects of the unnecessary treatment were unpleasant but fairly short-lived, she understandably remains anxious as to whether the treatment or its impact on her cancer management will adversely affect her in the long term. Imperial College Healthcare NHS Trust however made early admissions of liability and were very cooperative with us in trying to compensate our client and reach a settlement. This made a real difference to the progression of the negligence claim and was reassuring for our client.”
Penningtons Manches Cooper has a specialist team dealing with clinical negligence claims involving delayed diagnosis or misdiagnosis of cancer. We offer an initial free consultation on a no obligation basis to individuals who have concerns about their care and outcome. Please contact the team on 0800 328 9545, e-mail clinnegspecialist@penningtonslaw.com or complete our online assessment form.
© 2024 Penningtons Manches Cooper LLP.
All rights reserved.
Website design by Frontmedia / Dynamic Pear
Penningtons Manches Cooper LLP is a limited liability partnership registered in England and Wales with registered number OC311575 and is authorised and regulated by the Solicitors Regulation Authority under number 419867.
Return to news headlines 