Breast Cancer Claims

Breast cancer negligence lawyers

Breast cancer is the most common type of cancer in women and finding it early greatly increases the chances of successful treatment. If your condition worsened because of a misdiagnosis or delay in care, you might be entitled to claim compensation.

Breast cancer is the most common type of cancer in women. An estimated 56,000 patients receive a diagnosis each year; that’s around 150 cases every day.

While breast cancer is less common in men, they make up about 1% of cases.

The word ‘cancer’ can be scary but breast cancer is extremely treatable if it is caught early. However, if breast cancer is not diagnosed or treated at an early stage, it can spread to other parts of the body. Fewer treatment options may be available or they may be more invasive, such as surgery to remove one or both breasts or higher doses of chemotherapy.

In some cases, the prognosis may not be as favourable.

If your symptoms were not addressed quickly, or if a medical professional made a mistake in your care or treatment, you may be able to claim cancer misdiagnosis compensation.

Our cancer claims lawyers are here to support you during your claim for breast cancer harm caused by medical negligence.

What are the signs of breast cancer?

The most common sign of breast cancer is finding a lump in your breast or under your arm that doesn’t go away. A mammogram can detect lumps when they are very small, sometimes before you notice them yourself. That’s why regular breast screenings are so important.

Other symptoms to be aware of include:

• Swelling around your collarbone or armpit
• Pain in your breast tissue or nipples
• Skin changes, such as dimpling or irritation
• Your nipple turning inward (nipple inversion)
• Discharge or bleeding from the nipple
• Discomfort, tenderness or unusual pain in the breasts
• Changes in the size or shape of one or both breasts

These signs don’t always mean breast cancer. Sometimes, they can be linked to harmless conditions like hormonal shifts or infections. However, if you notice any changes in your breasts that concern you, it’s best to contact your GP for reassurance.

What is breast cancer misdiagnosis?

Often, the signs of breast cancer can look a lot like symptoms of other, less serious conditions. This means that, in some cases, doctors might not identify cancer right away. Late (delayed) diagnosis of breast cancer can result in a delay in treatment, which could make the condition worse over time.

Breast cancer may occasionally be misdiagnosed as things like:

• A benign breast tumor or cyst
• An abscess or infection
• Mastitis (inflammation in the breast)
• Blocked milk ducts
• Fat necrosis (damaged fatty tissue in the breast)
• Stromal fibrosis (thickening of tissue in the breast)
• Breast trauma or injury

Doctors use several methods to diagnose breast cancer, including mammograms, MRI scans, ultrasound scans and biopsies. In most cases, patients are offered more than one method to ensure the diagnosis is accurate.

Your doctor should refer you to a specialist if they suspect that you may have breast cancer. The specialist will conduct further tests to confirm or rule out the diagnosis.

Can I claim for breast cancer negligence?

When someone visits a doctor with symptoms of breast cancer, it’s the doctor’s responsibility to ensure the patient gets the right diagnosis and treatment as quickly as possible. If a doctor, nurse or other medical professional fails to provide this standard of care and their actions made your breast cancer worse, you may be entitled to compensation.

There are many ways medical negligence can occur in breast cancer cases. Examples include:

• Failing to take symptoms seriously
• Misdiagnosing symptoms as another condition
• Not referring the patient for testing
• Misreading mammograms and other test results
• Not following up on abnormal test results
• Giving an incorrect diagnosis
• Recommending an inappropriate treatment plan

If you suspect breast cancer negligence occurred in your case, please get in touch. We can look into your situation and figure out whether you might have a claim.

How is negligence determined?

Sometimes, a medical professional will do everything “right” and still miss a breast cancer diagnosis. The patient may present with non-typical symptoms, for example, or testing may give the all-clear.

To prove negligence, we would need to show that:

• The doctor owed you a duty of care, and
• He or she did not act in line with competent professional practice, and
• The negligence led to a worse outcome, such as metastatic spread that likely would have been avoided with proper care.

The test we apply asks whether another qualified professional in the same position would have taken a different approach under the same circumstances. If they would have, it may indicate that the doctor acted negligently.

Expert medical witness testimony is critical to determine if the doctor’s actions were in line with accepted medical standards.

How long do I have to make a breast cancer claim?

Most breast cancer negligence claims have a three-year limitation period. This period begins when you realise your breast cancer diagnosis was delayed or misdiagnosed, not necessarily when the initial negligence occurred.

If a person dies due to medical negligence, the three-year period starts from the date of death or when negligence was linked to it.

If you suspect breast cancer negligence but are unsure about timelines, or even if you just want to explore your options, please get in touch with us as soon as possible. Medical records and expert reports are easier to obtain if you act promptly, and interim payments for care costs may be available while your breast cancer claim is processed.

How much compensation can I receive?

Compensation for breast cancer misdiagnosis varies widely and depends on the specific circumstances of each case. For example, medical negligence leading to disfigurement, permanent disability or a reduced chance of survival are likely to result in higher payouts.

You can also claim for the financial losses incurred due to the negligence, such as medical expenses, lost wages, travel expenses for attending appointments and any ongoing care or support needed. In some cases, compensation may also cover the psychological impact of a breast cancer misdiagnosis.

Breast cancer claims are complex, and working with a specialist medical negligence solicitor can greatly improve your chances of securing the maximum compensation. Year after year, Osbornes is recognised as a leading medical negligence practice by independent legal directories. We will ensure that your case is thoroughly investigated and expertly presented to give it the best chance of success.

What if I have lost a loved one to breast cancer negligence?

If your loved one has passed away due to breast cancer misdiagnosis or negligence, you may be able to make a fatal medical negligence claim on their behalf. A successful claim provides compensation to the spouse, civil partner or dependents of the deceased. The money can help cover funeral costs and loss of your loved one’s income, and provide compensation for the pain and suffering endured by your loved one before their death.

Many of the families we represent want answers as much as they want compensation. We can help navigate the official complaints process of the NHS or relevant private medical practice, with the goal of preventing a similar tragedy from happening to someone else.

Why choose Osbornes Law?

By choosing Osbornes Law as your breast cancer claims solicitor, you will have a compassionate and knowledgeable team working hard to secure the justice and answers you deserve. Our solicitors have extensive knowledge of NHS practices, medical terminology and cancer procedures, allowing us to build a strong case on your behalf.

Our team is highly regarded in the field of medical negligence. We are members of the Action Against Medical Accidents and the Law Society’s panel for medical negligence solicitors, giving you confidence in the calibre of our representation. Most breast cancer claims can be made on ano-win, no-fee basis, so you can pursue your claim without financial risk, knowing that your case is in capable hands.

Please take a look at our cancer negligence case studies, then speak to us about your breast cancer misdiagnosis or negligence claim.

To speak with one of our cancer misdiagnosis solicitors, contact us by:

• Filling in our online enquiry form; or
• Calling us on 020 7485 8811