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Woman awarded £180,000 after missed cancer diagnosis

Client stories

Mrs P came to us for legal representation after her breast cancer progressed further than it should have following a missed diagnosis from her GP’s surgery. The treatment was more severe than it could have been had it been taken seriously the first time around and so the effects are much worse.

Dealing with cancer is a terrible time for any person or family, let alone someone suffering needlessly as a result of medical negligence. Ben Gent and the Express Solicitors team were able to give Mrs P a sense of financial security by winning £180,000 in compensation on her behalf.

A dangerous dismissal of a breast lump

When Mrs P went to her local GP practice in October 2010 with concerns about a lump on her right breast, she was seen by a Practice Nurse. She was asked a number of questions but the breast lump itself was not examined.

Despite NICE (National Institute for Health and Care Excellence) guidelines being in place and stating that our client should have been immediately referred to hospital for further examination, she was simply told that there was nothing to be concerned about. Mrs P left feeling reassured that there was nothing wrong and that no further action was required.

Radical treatment as a result of negligence

As the months went by, Mrs P noticed other changes in her breast so decided to revisit her GP again in December 2011. She was immediately referred to hospital and a biopsy confirmed that she was suffering with breast cancer.

Before surgery could be performed, Mrs P would require chemotherapy, which she undertook. Following a mastectomy, she then required radiotherapy.

As a result of the treatments, Mrs P lost her hair and suffered continuing pains and restrictions in her right arm and shoulder. These afflictions will continue for the rest of her life.

Tragically, analysis from our instructed experts found that her life expectancy had significantly reduced and she had suffered from a severe psychological reaction as a result in the delay to her treatment.

Fighting for a woman’s future

What happened to Mrs P was a tragic situation caused by a mistake that she would end up paying for for the rest of her life. We believed it only right and proper that she be financially compensated for her pain and also make sure she is secure in her life moving forward.

Our investigations found that if the cancer had been appropriately diagnosed at the original consultation, Mrs P would have avoided the need for axillary node clearance, chemotherapy and radiotherapy.

Taking into account the reduced life expectancy, physical and psychological traumas involved, we fought to ensure that Mrs P could live for the rest of her life as comfortably as possible.

The defendant initially admitted breach of duty of care (that they did something wrong) and following negotiations, accepted our causation case about the difference the delay in diagnosis had made to our client.

Securing our client’s financial future

After negotiating the severity of the pain caused to Mrs P, we were able to secure a settlement of £180,000 for our client. This took into account the unnecessary pain and suffering our client experienced including the need for more invasive surgery, radiotherapy and chemotherapy.

It also accounted for; the reduction in life expectancy, the loss of earnings our client experienced whilst undergoing her treatment and afterwards, the care and assistance that she received from family and friends, travel expenses, products to aid our client’s recovery, and treatment for her psychological condition.

Ben Gent was incredibly sympathetic to Mrs P’s situation but was happy to help her secure her and her family’s financial future moving forward, “Our client has been through such a horrible time with multiple invasive therapies and surgeries. These could have been avoided if proper protocol had been upheld which makes the situation all the more dire. I hope she can take this victory and use it to move on with her life as best as she can.”

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