Breast Cancer Claims

Unfortunately, incidents occur where the disease is not picked up as early as it should have been and, in such circumstances, there can be a legal claim for medical negligence.

Breast cancer is often treatable when diagnosed at an early stage. Treatment includes surgery, radiotherapy and chemotherapy. Delays in diagnosis can lead to the cancer developing, being at a more advanced stage by the time of the eventual diagnosis, and spreading to other parts of the body. This can mean that the cancer is more difficult to treat, more invasive surgery or chemotherapy are needed and that there is an impact upon the prospects of cure.

Claims can arise if signs or symptoms of breast cancer were missed by a GP or hospital doctor and a referral or proper investigations were not undertaken. Mistakes in relation to scan or test results or surgical errors, such as not removing all of the cancerous tissue, can also lead to successful claims.

Male breast cancer cases can be vulnerable to being diagnosed late as this is a more unusual cancer in men.

To bring a claim for a delay in diagnosis of breast cancer it will need to be shown that the delay was negligent and that this impacted on the outcome i.e. the cancer was diagnosed at a later stage than it should have been and will require more intensive treatment or that life expectancy has been impacted. Short delays may not be sufficient to show that the outcome was affected.