Can I make a breast cancer misdiagnosis claim?

You may be able to make a breast cancer misdiagnosis claim if your care fell below an appropriate medical standard and this caused you avoidable harm.

That can happen in several ways, including where:

• Your GP failed to refer you despite concerning symptoms.
• A mammogram or ultrasound was interpreted incorrectly.
• A biopsy or other pathology result was misinterpreted.
• Test results were lost or not followed up.
• You experienced an avoidable delay in receiving further tests.
• You were incorrectly told that a breast abnormality was benign.
• You were wrongly diagnosed with breast cancer and underwent unnecessary treatment.

It’s not enough to show that your diagnosis was delayed or incorrect. Medical evidence will usually be needed to establish whether there was negligent care and whether it made a difference to your condition, treatment or prognosis.

We can obtain your records and instruct appropriately qualified independent medical experts to investigate these questions.

How breast cancer can be misdiagnosed

Breast cancer misdiagnosis can occur at different points in the diagnostic pathway.

Identifying where that pathway broke down is an important part of investigating whether you have a claim.

Claims can involve clinical errors such as:

• GP failure to refer: A GP may dismiss a persistent lump as a benign cyst, fibroadenoma or mastitis without making an appropriate referral for further investigation.
• Diagnostic imaging errors: A radiologist or radiographer may misinterpret a mammogram or ultrasound scan. Detecting abnormalities can be particularly challenging in dense breast tissue.
• Pathology and laboratory sampling mistakes: Diagnostic problems can occur where biopsy tissue is misinterpreted or inadequate sampling is not appropriately followed up.
• System and screening failures: Administrative errors can result in missed screening invitations, lost test results or failures to follow up concerning findings.
• Delayed investigation in younger patients: Breast symptoms in younger people still need to be assessed appropriately. A patient’s age or lack of family history should be considered alongside their symptoms and other clinical evidence.

We can examine the entire diagnostic pathway to identify what happened and whether you received an appropriate standard of care.

What is the Triple Assessment for suspected breast cancer?

The Triple Assessment is a combination of checks commonly used to investigate possible breast cancer.

Depending on your circumstances, it can involve three elements:

1. Clinical examination

A healthcare professional examines the breasts and surrounding areas, including checking for relevant physical changes and abnormalities.

2. Diagnostic imaging

Depending on your circumstances, investigations can include a mammogram, ultrasound scan or both.

3. Tissue sampling

Where appropriate, tissue or cells can be sampled and examined to determine whether an abnormality is malignant.

The precise investigations required will depend on your individual circumstances.

Where a claim involves a missed or delayed diagnosis, independent medical experts can consider whether appropriate investigations and referrals should have taken place and whether any failure affected your eventual outcome.

What do you need to prove in a breast cancer negligence claim?

A breast cancer misdiagnosis claim generally requires evidence addressing two important legal questions: breach of duty and causation. Independent medical experts play an important role in assessing both.

Proving breach of duty

First, we need to establish whether the medical care you received fell below the standard expected of an appropriately competent healthcare professional.

For example, a claim might involve allegations that a GP should have referred you for further investigation or that an abnormality visible on imaging should have been identified.

Whether this amounts to negligence will depend on the circumstances and independent expert evidence.

Establishing causation and the impact of the delay

We must then establish what difference the error made.

It’s not enough to identify a mistake in your care. The evidence must establish that the negligence caused you avoidable harm.

In a delayed cancer diagnosis claim, this can involve investigating whether the cancer progressed during the period of avoidable delay.

For example, experts may consider whether an earlier diagnosis could have:

• Prevented or reduced the spread of the cancer
• Resulted in less intensive treatment
• Reduced the extent of surgery required
• Changed your prognosis
• Avoided additional pain or psychological harm

We can instruct independent oncology and other appropriate medical experts to review your records and assess how your outcome may have differed with appropriate care.

Who will handle your breast cancer misdiagnosis claim?

Talking about a breast cancer misdiagnosis can be difficult, particularly when it involves discussing your health, treatment and the impact the experience has had on your life. At Express Solicitors, these claims are handled by Tanzeela and her all-female team, who understand the sensitive nature of these conversations.

Your team will take the time to understand what happened and how the misdiagnosis has affected you. They’ll explain the claims process in clear terms, answer any questions you have and keep you informed as your case progresses.

You’ll be supported throughout by experienced professionals who will treat your case with sensitivity and respect, while working to secure the compensation you deserve.

How much compensation could I receive for a delayed breast cancer diagnosis?

There’s no fixed amount of compensation for a breast cancer misdiagnosis claim.

Every case is different. Compensation is calculated using your individual medical evidence, the harm caused by the negligence and the financial impact it has had on you.

Compensation can broadly include two categories:

Your claim can take account of past losses as well as qualifying future losses and care needs caused by the negligence.

We’ll investigate the full impact of the delayed diagnosis so that your claim properly reflects the harm that can be attributed to negligent care.

Why choose Express Solicitors for your breast cancer misdiagnosis claim?

Discovering that your cancer may have been diagnosed sooner can leave you with difficult questions about what happened and whether your treatment could have been different.

You need clear answers as well as sensitive legal support.

Our medical negligence team can:

• Listen to what happened and assess your potential claim
• Obtain your GP and hospital records
• Review mammograms and other relevant investigations
• Obtain pathology and treatment records
• Instruct appropriate independent medical experts
• Investigate whether your cancer should have been diagnosed sooner
• Assess what difference any avoidable delay made
• Calculate qualifying financial losses
• Pursue your claim against the appropriate healthcare body
• Keep you informed throughout your case

We’ll handle your claim with care while giving you clear, practical information about what happens next.

Make a breast cancer misdiagnosis claim on a no win, no fee basis

We handle accepted breast cancer misdiagnosis claims under a Conditional Fee Agreement, commonly known as a no win, no fee agreement.

There is no upfront payment of our legal fees.

If your claim is unsuccessful, you will not pay our legal fees, provided you comply with the terms of your agreement.

If your claim succeeds, deductions may be made from your compensation in accordance with the terms agreed with you at the start of your case.

We’ll explain those terms, any potential deductions and relevant financial risks clearly before you decide whether to proceed.

Is there a time limit for making a breast cancer negligence claim?

You’ll generally have three years to start a medical negligence claim.

The three-year period may run from the date the negligence occurred or from the point when you first knew, or could reasonably have known, the relevant facts about the injury and its connection with the care you received. This is known as the date of knowledge.

Different rules can apply in some circumstances, including claims involving children or people who lack mental capacity.

There can also be different considerations where a claim is being made following a death.

Because limitation rules depend on individual circumstances, it’s sensible to seek legal advice as soon as possible.

Start your no win, no fee breast cancer misdiagnosis claim today

Discovering that a missed or delayed diagnosis may have allowed your breast cancer to progress can leave you with difficult questions about what happened and whether things could have been different.

You don’t have to find those answers alone.

Our specialist clinical negligence team can obtain your records, investigate the care you received and work with independent medical experts to establish whether your cancer should have been diagnosed sooner.

Where the evidence supports a claim, we’ll pursue compensation for the avoidable harm and financial losses the negligence caused.