Medical Negligence

Mix-up of cancer test results causes avoidable treatment for our client

February 29, 2024
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Case managed by Hannah Luscombe, Associate, Team Leader, and Senior Solicitor.

The Incident

In May 2022, our client found a lump in her breast during her monthly self-examination. She contacted her GP the next day to tell them what she had found. After being examined by her doctor and going through a referral to the breast surgeons, our client was incorrectly diagnosed with Grade 2 cancer in her right breast in June 2022.

Our client has a history of cancer in her family, so this diagnosis was extremely upsetting for her. Due to the diagnosis our client was told that she needed to have surgery to remove the lump, as well as a sentinel lymph node biopsy.

During her recovery following the surgery, our client was informed that her histology results may have been mixed up with another patient. It was ultimately confirmed that she did not have, and did not previously, have cancer.

The Aftermath

Initially our client was happy that she did not have cancer, however over time she started worry that the hospital may have made another mistake. She started to struggle with sleeping and relied on medication to help with her mood.

As a result of the misdiagnosis, our client underwent unnecessary invasive surgery, lymph node biopsy, unnecessary mammograms, ultrasound scans and MRI scans.

She was left with ongoing scarring around her right nipple, areolar complex and a 12cm long scar. The scar is painful and she at times gets a pins and needles sensation.

The scar and different size of her breasts has affected her confidence, and she is now extremely self-conscious. She now also requires further surgery in the form of lipo-modelling to make her breast symmetrical.

This misdiagnosis also meant that our client suffered a fear of impending death from cancer and an adjustment disorder of moderate intensity such that it was recommended our client undergo psychological therapy.

The Case and Outcome

This case was dealt with by Hannah Luscombe, Associate, Team Leader, and Senior Solicitor.

Following receipt of our Letter of Claim detailing our allegations, the defendant admitted liability. We received an initial offer of settlement however, through Hannah’s dedication to her client she was able to secure a significantly higher settlement of £52,500 on 19th January 2024. The settlement compensated our client for her pain and suffering and also covered her travel and care costs, replacement bras, lipomodelling and psychological therapy treatment and future care associated with her required treatment.

Upon reflection, Hannah noted that; ‘Our client’s experience was entirely avoidable, and she should never have been in this situation. Fortunately, the Trust admitted liability early on and we were able to work together to reach a resolution as swiftly as possible in order that Lina can undergo the further treatment she requires on a private basis and put the events of 2022 behind her. It was a true pleasure to act on behalf of Lina and provide this support to her throughout the legal process.’

With this money, our client will be able to get back to her old life with her husband and young son. She looks forward to cosmetic surgery on her breast to make them symmetrical.

Our client said; ‘I couldn’t have asked for a better solicitor to help with my claim. Hannah Luscombe was extremely knowledgeable, professional, friendly. She constantly went above and beyond to make sure that I was well educated on any movement during the ongoing case, as well as guiding me with any problems that I faced. Highly recommended if you want to get the right result and best service.’

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