At Switalskis, we understand how devastating it can be when medical failings lead to life-changing injuries. We recently secured a settlement of over £1.5 million for a client whose breast cancer was diagnosed late, resulting in severe physical and psychological consequences.

What Happened: Delayed Breast Cancer Diagnosis Case Background

This claim arose from negligent treatment spanning several years, between 2012 and 2016.

• In November 2012, our client discovered a lump beneath her right breast, close to a recently diagnosed fibroadenoma. She underwent an ultrasound arranged by the Wrightington, Wigan and Leigh (WWL) NHS Foundation Trust, but crucially, no triple assessment, the standard investigation for suspected breast cancer, was carried out.
• By October 2014, the lump had grown and become increasingly painful. Our client returned to her GP and was referred again to WWL NHS Foundation Trust. Despite her worsening symptoms, no triple assessment was performed before surgery was planned. When the surgery was later cancelled, no attempt was made to reschedule.

These missed opportunities meant her cancer went undiagnosed until it had progressed significantly, profoundly affecting her treatment options and outcome.

Life-Changing Consequences of Delayed Breast Cancer Diagnosis

Due to the delayed diagnosis, our client had to undergo aggressive treatment, including a double mastectomy, intensive chemotherapy, and radiotherapy. She has been left with long-term complications that have significantly affected her day-to-day life, including:

• Permanent deformity and asymmetry of the breasts
• Chronic lymphoedema in the right upper limb and a risk of lymphoedema in the left
• Peripheral neuropathy
• Chronic back and leg pain
• Ongoing pins and needles in the feet
• Loss of fertility
• Psychological injury including mixed anxiety, depressive disorder, and adjustment disorder
• Reduced life expectancy

These injuries also impacted her ability to work and live independently.

Legal Proceedings: Clinical Negligence and Defendant Admissions

The Defendant, Wrightington, Wigan and Leigh NHS Foundation Trust admitted that had the cancer been diagnosed in 2014, our client would have been treated with a wide local excision and sentinel node biopsy, avoiding mastectomy and chemotherapy. Radiotherapy would have been required to the right breast only.

However, there was significant dispute over the extent to which the delayed diagnosis caused her long-term injuries and symptoms, particularly those preventing her from returning to work. To support her case, we instructed experts across ten medical disciplines, ensuring the full impact of her injuries was recognised.

Settlement Outcome: Compensation for Delayed Breast Cancer Diagnosis

The case was initially listed for a 10-day trial, but both parties pursued settlement through alternative dispute resolution. Following detailed negotiations, we secured a settlement of £1,545,000. This reflects the severity of the failings in care and the profound, lasting impact on our client’s life.

Throughout the claim, our client felt supported and informed. She praised Lindsay Clark, her solicitor who handled her case, for her thorough, caring, and dedicated approach in achieving justice.

How Switalskis Can Help with Delayed Diagnosis Claims

Delays in cancer diagnosis can have catastrophic consequences, both physically and psychologically. If you or a loved one has been affected by a delay in medical treatment, our experienced medical negligence team is here to help. We offer sensitive, specialist advice to support you in pursuing the justice you deserve.