Case Study: Negligent Treatment Of Breast Cancer

Compensation: £15,000

Margaret, 58 years old, Liverpool

A woman has obtained £15,000 after doctors failed to carry out appropriate investigations which would have resulted in a much earlier breast cancer diagnosis.

Margaret had a longstanding history of benign breast disease consisting of recurrent lumps in both breasts and breast pain. She was seen at a Breast Clinic at her local hospital for almost twenty years with these symptoms.

When Margaret noticed a new lump in the right breast next to the nipple she drew this to the attention of the doctor. A mammogram showed no signs of malignancy. A year later however Margaret noticed another 1-2cm lump in her right breast close to the nipple. This was diagnosed as fibroadenoma.

However, the right breast lump persisted and became more noticeable. Margaret became increasingly concerned as this lump did not feel the same as previous lumps she had had and therefore requested a referral from her GP for the lump to be removed.

Delay in surgery

Following a breast ultrasound and mammogram a multi-disciplinary meeting was held by the hospital and the decision was made to remove the lump. However despite this decision being made, no arrangements were made to admit Margaret.

Margaret had not received a date for her operation despite making efforts to contact the hospital to obtain details of her operation and therefore contacted her GP. She obtained a private referral due to the pain and discomfort she was in. Eventually, the lump was removed privately.

Cancer diagnosis

Open biopsy revealed she had breast cancer and histology showed a Grade 2 invasive carcinoma. Margaret had a right mastectomy with immediate reconstruction.

A year later, Margaret located a further lump on her right breast and sought treatment on a private basis. She was particularly concerned about the previous delay in treatment of her right breast and therefore elected to have a prophylactic mastectomy of her left breast.

The claim for negligence

JMW Solicitors were instructed in this case and alleged that the hospital had failed to carry out the appropriate investigations when the second lump was reported. If these investigations had been carried out, they would have resulted in a diagnosis of breast cancer much earlier than it was.


The case was settled and Margaret was awarded £15,000 compensation, which included £1,500 to cover the cost of the treatment.

Have you also suffered negligent breast cancer treatment?

If you would like to find out more about how the team at JMW can help you, give us a call today. Friendly, understanding and easy to talk to, we are here to guide you through the process every step of the way. Call us on 0800 054 6512, or allow us to ring you back by completing our online enquiry form.

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