The claimant, a 48-year-old woman, received £27,000 as a result of her GP’s failure to refer her for further investigation that would have led to a diagnosis of breast cancer in April 2002. The claimant underwent a mastectomy followed by chemotherapy and radiotherapy, and required breast reconstruction surgery.

Claimant: Female: 45 years old at date of accident; 48 years old at date of settlement.

Clinical Negligence: In April 2002, the claimant (M) noticed a change in the shape of her right breast as there was an indentation and dimpling on the outer side and she attended the defendant GP (W). W examined her breasts and advised M that everything was normal because she could not feel a lump. M remained concerned about her breast shape. On January 23, 2003, M had a mammogram which revealed that a lump was present. The biopsy results confirmed that the lump was cancerous and further investigation showed that M had stage II invasive cancer that extended to one lymph node. M sustained injury and brought an action against W alleging that she was negligent in failing to refer M for further investigation when she reported dimpling on her breast, which was in contravention of the NHS breast screening programme guidelines. M maintained that had she been referred at that time the cancer would have been diagnosed earlier and she would not have required radiotherapy following surgery.

Liability admitted.

Injuries: M suffered from breast cancer that was more extensive than it would have been if it had been diagnosed in April 2002.

Effects: M underwent a mastectomy followed by chemotherapy and radiotherapy. M found it difficult to manage the physical symptoms associated with the treatment. She underwent breast reconstruction surgery and suffered complications in the post-operative period. She also suffered psychological problems in coming to terms with what had happened to her.

Prognosis: M had an excellent prognosis in relation to recurrence of cancer. However, as a result of the radiotherapy she had an increased risk of lymphoedema and her chances of surviving for 10 years were reduced by 11 per cent.

Out of Court Settlement: £27,000 total damages.

Background to damages: The case was settled on a global basis with no particular breakdown of damages. However, the claimant’s solicitors estimated the following breakdown:

Breakdown of General Damages: Pain, suffering and loss of amenity: £20,000.

Breakdown of Special Damages: Loss of earnings and other losses: £7,000.

Henmans for the claimant. Medical Defence Union for the defendant. LTLPI 21/7/2006 (Unreported elsewhere)

Document No. AM0200987. Reproduced by kind permission of Lawtel (www.lawtel.com)