Settlement of £130,000 for Delay in Diagnosis

Settlement of £130,000 for Delay in Diagnosis
BSC, LLB (Hons) & LPC Sophia Azam
Case by: BSC, LLB (Hons) & LPC Sophia Azam

What Was the Delay in Diagnosis Claim?

Our client first visited her GP in November 2019 complaining of pain in her breast which had started suddenly. She was referred to a breast cancer clinic under the ‘2 week wait’ scheme and was seen in December 2019. After an ultrasound she was told that it was a cyst and was given a course of antibiotics. Contrary to guidelines for someone of her age, a biopsy was not performed. She was told to return to the clinic if there were any further changes in her breast. As the mass felt larger, she returned to the clinic in December 2019 and underwent a further ultrasound. She asked for a mammogram but was refused one and told it was unlikely to be cancer. No biopsy was performed, and she was reassured and discharged.

Client’s Wishes Left Unheard

By December our client was beginning to experience more frequent symptoms from the lump in her breast and returned to her GP. Her GP referred her back to the breast clinic and she was reviewed by the same consultant as the previous visit. The client asked for a mammogram or a biopsy but was refused both. She was again reassured that it was just a cyst and given a review appointment in a further 3 months. The client left the appointment feeling disappointed and unheard.

Delay in Diagnosis Resulting in Client’s Mastectomy

At the end of March 2021 (once the national lockdown had started) the client received a call out of the blue from the breast clinic asking if she was ever offered a biopsy. She replied saying that she was not given one but did want one. She was booked to see a different consultant the following day. During that appointment the client received the devastating news that she has breast cancer. She was told that the cancer was an aggressive and fast growing one, and that she would need a mastectomy as the cancer had reached stage 3. Sadly, due to the lockdown and impact of covid she was unable to undergo a beast reconstruction at the same time.

Avoidable Consequences

The client instructed us to investigate a claim against the hospital following the delay in diagnosis. A breast oncologist was instructed to comment upon the course of events. Our expert evidence supported a claim against the Trust. The client discovered that had she been diagnosed in December she could have avoided the mastectomy. There was also a delay in starting her chemotherapy treatment which our expert said would worsen her overall survival rate.

Case Settled for £130,000 by Medical Negligence Solicitor Sophia Azam

A letter of claim was sent to the trust setting out our allegations against them based on the evidence from a breast oncologist. A reply was eventually received which admitted that there was a delay but denied the extent of the impact of the delayed diagnosis. An initial offer of £80,000 was made by the defendant to our client. This was rejected and following extensive negotiations, we secured a settlement of £130,000.00. The client intended to use some of the money for a private breast reconstruction, as she was still on the waiting list with the NHS.

The client was very grateful to AWH Solicitors for representing her in this claim and the left the following review on Trust Pilot….

Outstanding service

“I am extremely impressed with Sophia and AWH solicitors for how my medical negligence claim has been handled. The communication has been impeccable from start to finish. I felt listened to at all times and if I didn’t understand something it would be explained thoroughly to me. I am very thankful for the support, patience and professionalism.”

Making a Claim for Delay in Diagnosis Claim

If you have experienced a delay in diagnosis resulting in a worsening condition, or your health, we can help you with your claim to get you the compensation you deserve. Start your delay in diagnosis claim with AWH today on a no-win, no-fee basis.

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