Delayed or Missed Diagnosis of Breast Cancer

Sadly, breast cancer is one of the most common and most misdiagnosed cancers in the UK.

Importance of Early Diagnosis

Once cancer develops, the earlier a diagnosis is made the better the chances of a full recovery. If left untreated, early-stage breast cancer can continue to grow and eventually spread to other areas of the body (metastases), which can prove fatal.

Symptoms of breast cancer can include:

• A lump, or swelling in your breast, chest or armpit.
• A change in size, shape or feel of your breast.
• Skin changes in the breast such as puckering, dimpling, a rash or redness of the skin.
• Fluid leaking from the nipple in a woman who isn’t pregnant or breastfeeding.
• Changes in the position of the nipple.
  

Medical Negligence

The most common types of medical negligence include:

1. Delays in referring for further investigations.
2. Delays/failures to interpret test results.
3. Cancer surveillance and breast screening programme failures.

Breast cancer is usually diagnosed when a patient attends their GP and is referred for tests or mammogram screening. If there has been a failure or delay in making a referral there maybe grounds for a medical negligence claim.

Medical negligence commonly occurs when there is a failure to identify cancer during a mammogram and/ or ultrasound. There can also be failings in histology, when biopsies are incorrectly interpreted, and cancer is missed.

Barnsley Hospital was in the news in 2022 when an investigation was launched into inaccurate breast cancer screenings. We represented a group of women from the cohort affected. For each of the women the recall came as a shock, the wait for the appointment and results was agonising and they were all devastated by the news that they had cancer which had previously been missed.

The NHS Breast Screening Programme (NHSBSP) was established in 1988 its aim is to invite all women aged 50-70 years for mammographic screening once every three years. The NHSBSP also established a pathway for women who are at very high risk (VHR) which invites women annually for testing. This remains reliant on women being referred to the programme. A recent audit by the Breast Screening After Radiotherapy Dataset Group (BARD) identified that some women in the very high risk group have not been referred to the VHR breast screening programme for annual surveillance.

NHS England has responded to the findings, and they estimate 1,487 women in England need to be incorporated into the VHR programme. In March 2024 letters were sent to the women effected and a dedicated helpline has been set up to support anyone affected.  (Tel: 0345 8778962). This will initially operate 7 days a week – Monday to Friday, 9.30am to 5pm and Weekends 10am to 4pm (local call charges apply).

Delayed or missed diagnosis

If there has been a delay in diagnosing your breast cancer, or you have received an inaccurate diagnosis, this may have affected the treatment options available to you. For example: treatment options which would have been available with earlier diagnosis may no longer be suitable; you may require surgery which would have been avoided with earlier treatment; and/or your outcome may have been significantly affected.

Whilst there is nothing that can be done to rectify this, you may be able to make a medical negligence claim for damages to compensate you for the financial losses you have sustained as a result of the hospital’s failure. Where failures have been identified, the hospital may also put steps in place to stop this from happening again.

Here when you need us

We understand that being diagnosed with breast cancer is devastating and for a number of women the fear and anxiety caused by the diagnosis will stay with you for the rest of your life.

You might feel reluctant to investigate a claim as the diagnosis and treatment may have left you feeling numb and exhausted, or you may feel angry and resentful. We understand everyone reacts in their own way and we are here to support you as best we can.

If you’re concerned about the treatment, you or a loved one have received it’s important to speak with a solicitor at the earliest opportunity as there are time limits for making a medical negligence claim. For more information about making a claim see our frequently asked questions or contact us today.

Contact us

We are here to help anyone who may have concerns about inaccurate breast cancer screenings and / or delay or a failure to diagnose cancer.

Our medical negligence team can talk to you about your options and guide and advise you through the claims process, helping you to achieve a financial settlement that will provide you with security and ensure that you have access to medical and health related services that you need in the future.