Sadly, breast cancer is now the most common type of cancer in the UK, accounting for 15 per cent of all new cancer cases, according to the charity Cancer Research. Every year, there are around 55,200 new diagnosis of breast cancer in the UK alone.
There are various types of breast cancer, including:
non-invasive: this is found in the ducts of the breast and does not spread outside of the breast;
invasive: making up around 80 per cent of all breast cancer cases, this can spread outside of the breast; and
other: inflammatory breast cancer, invasive lobular breast cancer or Paget’s disease of the breast.
Once breast cancer is detected, usually through mammographic screening, the treatment given will depend on the type of cancer and how severe it is. Hormone or biological treatments are used in some cases, chemotherapy or radiotherapy in others. In the most severe cases the surgical removal of the breast, known as a mastectomy, may be required.
Receiving a diagnosis of breast cancer and undergoing a mastectomy is a difficult enough experience in itself, but if you later discover that you had been given incorrect medical advice and the mastectomy may have been unnecessary you will naturally want an explanation.
Our experts in the medical negligence team at the Negligence Claimline advise how to seek help and legal advice.
If you have received an incorrect diagnosis resulting in unnecessary surgery being performed on you, there is a good chance you would be entitled to compensation,’
‘To succeed in such a case, you would need to show the person to blame for your misdiagnosis was negligent. We can help you obtain expert medical reports from independent sources to support your case and get answers on what went wrong.’
While the law gives you three years from the date you found out about your misdiagnosis to start your claim, it is advisable to make it as soon as possible. The circumstances leading up to your mastectomy are crucial, so it is better to proceed while it is still fresh in the minds of everyone involved and the evidence is more readily available.
You will need to provide evidence to prove your case, including medical reports, accounts from witnesses, a written account of how the unnecessary mastectomy has affected you, and details of any expenses which have arisen from your experience.
The amount of compensation you are entitled to will depend on a number of factors including the effect the mastectomy has had on your life, your mental health, your lifestyle, and on your life expectancy. Also taken into account will be the amount of care and support you require as a result of your misdiagnosis.
For a confidential discussion about a surgical error or any other medical negligence issue, contact us today for a free initial consultation with one of our specialist medical negligence solicitors on 01245 253214 or email [email protected]
This article is for general information only and does not constitute legal or professional advice. Please note that the law may have changed since this article was published.