Breast Cancer Compensation Claims
Breast cancer is one of the most common cancers in women, with one woman experiencing a diagnosis every 10 minutes.
According to Cancer Research UK, there are just shy of 56,000 new cases of breast cancer each year in Britain.
370 of those cases occur in men, whilst 15% of all cancer cases in the UK relate to breast cancer.
Unfortunately, breast cancer compensation claims are on the rise. Longer waiting times for GP consultations and screenings mean patients are experiencing further distress.
If you’re looking for answers because of a misdiagnosis or breast cancer negligence, our specialist team are here to help.
What to do following a breast cancer misdiagnosis
With any breast cancer misdiagnosis, we appreciate that this can impact even the strongest of individuals.
When receiving the news, there must be clear communication about the stage the breast cancer is at and how this might impact the individual.
What causes breast cancer may not be initially clear, especially when the oncologist is in the early stages of researching the diagnosis. However, we understand that stages mean:
- 0: Is for ductal carcinoma in situ (DCIS) – a pre invasive breast cancer with the very early signs of the illness
- 1: The breast cancer is small and only in the breast tissue
- 2: The cancer is either in the breast or in the nearby lymph nodes, or both. Another early stage of breast cancer
- 3: Means that the cancer has spread from the breast to the lymph nodes close to the breast, or to the skin of the breast, or to the chest wall
- 4: Cancer is spreading to other parts of the body and is at an advanced stage
Source: Cancer Research UK
Following tests for breast cancer, it’s then a case of establishing positive steps forward. This is so you can start answering questions around the symptoms and breast cancer treatment available to you.
What should happen at a breast cancer screening?
During a breast cancer screening, both breasts will receive an x-ray twice. The x-ray picture is known as a Mammogram. A female specialist, known as a Mammographer, manages the process.
The experience takes around 30 minutes and you’ll have the chance to ask any questions both before and after the screening.
Ahead of the screening, the NHS send a letter in advance to say if you need to attend a screening.
What if there are breast cancer screening failures?
We appreciate that experiencing an invitation for a breast cancer screening can be an anxious time.
If you believe you should have been invited to a screening, even after missing an appointment previously, then we are here to help.
Consequently, administrative error with your screening appointment may be the reason your breast cancer diagnosis was late.
This, in turn, can then result in:
- A delay to your breast cancer diagnosis and treatment
- Undergoing complex treatment such as a mastectomy (the removal of the breast)
- Receiving chemotherapy
- Impacting negatively on your mental wellbeing
- Your ability to work
- Even increase the future risk of cancer returning
Can I claim for a misdiagnosis?
For any breast cancer patient here in the UK, the diagnosis should come down to what is known as ‘a triple test’ investigation.
- A clinical examination of a lump in the breast
- The above-mentioned mammogram procedure
- A biopsy where a pathologist reviews the potentially cancerous cells under a microscope
The best-case scenario here is that any form of breast cancer is found early. This will then improve the chances of a good recovery, with time on the side of the individual.
However, to represent a breast cancer misdiagnosis claim, we have to demonstrate that on the balance of probabilities the misdiagnosis, or the delay in diagnosis, means the breast cancer is now more aggressive and at a more advanced stage.
I think my breast cancer surgery may have been negligent
Every patient has the right to receive a standard of care that enables them to move forward from their illness or injury.
However, we are aware that some women do experience negligent surgery.
If this happens, we will always carry out a human and empathetic approach when handling your claim.
Even if you’re in the later stages of a cancer diagnosis or cancer treatment, our team have first-hand experience managing not only the entire legal process, but also everything else you’re going through emotionally.
We have experience in:
- Not enough of the cancerous tissue being removed, meaning that the cancer returns later
- Unnecessary cosmetic damage to the breasts
- Inappropriate breast reconstruction surgery being carried out
Additionally, when investigating your case in detail we can contact independent medical experts who can ascertain where the surgery went wrong.
Fletchers’ breast cancer compensation claims and expert advice:
Helpful resources for breast cancer patients:
Links to breast cancer care and support networks and charities:
How can I see if I am eligible for a breast cancer screening?
Firstly, any UK female between the ages of 50 and 71 with a GP registration can receive an invitation for NHS breast screening. This is available every 3 years.
However, if you were born between 1938 and 1950 you may not be on the current system.
If you fall into this bracket, you can contact the NHS here to see about your appointment status.
How can a breast cancer misdiagnosis happen?
Despite the symptoms of breast cancer being known, failures to identify the cancer still happen.
Also, as unlikely as it may seem, there are examples of individuals being told that their symptoms aren’t anything to worry about.
For example, Joy actually lived with secondary breast cancer for ten years after her doctors first thought her symptoms of a tight chest were asthma-related.
Knowing the symptoms of breast cancer:
To know if the illness is a misdiagnosis, it’s important to check the signs of breast cancer:
- A lump or area of thick tissue in the breast
- Coughing, wheezing and breathlessness
- A change of size or shape to both breasts
- A lump or swelling in either armpit
How do I get financial assistance for breast cancer?
If you experience a breast cancer misdiagnosis, or believe the surgery is negligent, our specialist breast cancer experts are here to fight for the compensation you deserve.
A successful claim can result in a settlement, as well as the opportunity for the trust or healthcare professional to apologise.
In summary, a successful breast cancer compensation claim with Fletchers Solicitors means:
- Compensation that makes a big difference to your current circumstances
- A sum of money that, at the very least, puts you back to the position you were in before you suffered
- Covering the cost of additional private treatment, where necessary
- The opportunity to receive rehabilitation services and products
- Assist with any loss of earnings while you have been unable to work