Late Diagnosis of Breast Cancer Compensation Claims
If a delayed breast cancer diagnosis meant you needed more extensive treatment or suffered other avoidable harm, you may be able to claim compensation. Breast cancer claims involving delayed diagnosis may arise from missed symptoms, errors interpreting tests or failures to arrange appropriate investigations. To succeed, you must show that negligent care caused additional harm. Contact our solicitors for free, no-obligation advice about your circumstances.
Breast cancer is one of the most common cancers, and as with most cancers, if it is detected early, the survival rates and quality of life after treatment or surgery are much better. But if mistakes have occurred, such as a misdiagnosis or delays in diagnosis or treatment, we can help you claim compensation for the unnecessary pain and suffering. If a loved one has sadly died, we can help claim compensation on behalf of the deceased’s estate, usually the next of kin, such as the surviving partner, husband or wife, or children of the deceased.
Fortunately, in recent years, the mortality rate of breast cancer victims has drastically decreased due to extensive research going into spotting the early signs, as well as the greater diagnostics available for medical professionals. However, this does not mean that breast cancer is not still prevalent and a widespread crisis affecting the lives of millions of people around the world. Breast cancer is still a hugely misdiagnosed disease which can lead to death.
The most common case of breast cancer involves a small, painless mass that is initially discovered by the patient. If the lesion does not resolve within one menstrual period, a GP must then rule out any possibility of cancer. This includes diagnostic tests such as mammography, needle biopsy, or referral to a surgeon for surgical exploration. Failure to undertake necessary tests that lead to a delay in a diagnosis of breast cancer can lead to complications and a claim for medical negligence.
In many cases, the examining doctor sends the patient home because he or she does not think there is anything to worry about. No referral is necessary. Several months or years later, cancer is finally diagnosed. By this time, it has invaded lymph nodes or possibly spread to other organs (it has become ‘metastatic’).
Medical Negligence can be anything from a delayed diagnosis, failure to diagnose and misdiagnosis, failure to refer, or failure to undertake recommendations made by a cancer specialist, which can all be proven fatal. If you believe you have suffered from medical negligence, contact us.
How to Spot the Signs of Breast Cancer
There are many ways to test yourself at home for breast cancer in order to detect the symptoms early if you have them; this way you can prevent further growth and a potential late diagnosis. Please see the NHS Breast Cancer Care Page.
According to Johns Hopkins Medical Centre, women are encouraged to perform breast self-examinations at least once a month. A statistic shown by them indicates that ‘40% of diagnosed Breast Cancers are detected by women who feel a lump’.
The National Breast Cancer Foundation suggests that there are 3 main ways in order to perform self-examination:
- In the shower – Using the flat pads of three fingers, press around the breast, looking for any lumps/thickening or changes.
- In front of a mirror – Visually inspect your breasts whilst slowly raising your arms from your side to above your head, looking out for any changes in the colour or dimpling of the skin.
- Lying down – Lying down spreads the breast tissue evenly along the chest wall. Place a pillow under each shoulder, with your arm over your head, and check with firm pressure for lumps/changes.
Although medical professionals encourage self-examinations, they are not always 100% accurate. Tumours can usually be detected by touch or visual inspection, but in rare cases, they may not be detected through self-examination. This is why medical professionals recommend checking at least monthly.
The Stages of Breast Cancer
Due to there being 4 stages of breast cancer, each worse the higher the stage, it is of paramount importance to familiarise yourself with the early symptoms in order to start treatment as early as possible. The four stages are:
- Stage 1 – The cancer is small and is only found in the breast tissue, or it may be found in lymph nodes in close proximity to the breast tissue.
- Stage 2 – The cancer is either in the breast, in lymph nodes in close proximity, or both.
- Stage 3 – The cancer has spread from the breast tissue to lymph nodes close to the breast tissue or to the skin of the breast, or to the chest wall.
- Stage 4 – The cancer has metastasised to other parts of the body.
Understanding how important it is to catch cancer before it grows/spreads. It is alarming to learn that more than 1 in 10 breast cancer diagnoses are late in the UK, potentially due to medical negligence, entitling you to claim compensation. Furthermore, breast cancer is the most common cancer in the UK, accounting for 15% of all new cancer cases.
According to Cancer Research UK statistics, catching symptoms early and starting treatment is paramount. When diagnosed early, 100% of patients survive for at least one year and 98% for up to five years. In comparison, when diagnosed at the latest stage (4), only 66% of people will survive for at least one year and 26% for five years or more.
The five-year relative survival rate for breast cancer is lower in England than it is for the European average. This may be due to the two-week wait standard used by medical professionals, which delays the diagnosis, allowing time for the cancer to grow and spread.
How Can I Make a Breast Cancer Claim?
If you received a misdiagnosis or delayed cancer diagnosis, you should be able to claim for medical negligence for the additional pain and suffering and possible reduction in your quality of life and mental well-being.
When a loved one has died due to misdiagnosis of breast cancer or a delay in the diagnosis of breast cancer, it’s possible to recover compensation on their behalf. You may be able to claim if you are the deceased’s surviving spouse or child, or if you’re the parent of a child. Often, you have a three-year time limit from the date of death, or from when you believe the medical clinician made a mistake, to make a claim, so you must instruct your solicitor quickly. The three-year period may be extended. However, the sooner you make a claim, the better.
In any case, a delay to cancer treatment often means the disease could spread further, reducing the chance of survival. If you can prove your delayed cancer diagnosis was caused by medical negligence, then you may have a claim.
Contact our solicitors today to start your compensation claim.
