S. -v- Barts NHS Health Trust

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Failure to diagnose breast cancer

The Wiseman Lee LLP clinical negligence department has successfully recovered significant damages in a tragic case concerning a failure to diagnose a left breast lump which appeared in October 2006 as cancer, even though our client was promptly referred by her GP to Newham University Hospital.  The consultant located a lump, classified it as benign because although the Claimant had a mammogram and ultrasound, the hospital failed to perform a biopsy.  If they had performed a core biopsy this would have confirmed the malignancy. 

As it was, the diagnosis was not made until 4 years later.  Had the diagnosis been made promptly, our client’s prospects of successful treatment and being disease free were estimated in excess of 98%.  As it is, although she has had a mastectomy, chemotherapy and radiotherapy, her prospects are below 50%.

Our client has a young family.  We successfully pursued a settlement that included not just cost of care for our client for the time remaining to her but also future claims on behalf of her husband and family.  We obtained court approval for the portion of compensation relating to the children once their mother is no longer there.

Our client explained that although she is living with the knowledge of a very reduced life expectancy, she will not have the additional stress of wondering how her husband and children will cope after her demise. 

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