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Clinical Negligence Solicitors

10 year breast cancer screening error set to cost millions (15 June 2018)

Date: 15/06/2018
Duncan Lewis, Clinical Negligence Solicitors, 10 year breast cancer screening error set to cost millions

For a 10 year period, more than 450,000 women failed to receive their final screening invitation, which Health Secretary Jeremy Hunt states could have resulted in 270 deaths.

Many families who have suffered the loss of a loved one to breast cancer as a result of this error will be eligible to receive compensation through a wrongful death claim. The fact that the error delayed their diagnosis, treatment and ultimately compromised the essential care they required is a strong case for damages to be paid to families grieved. The figure could rise to more than 5 million per claim, with an estimated 100 million set to be compensated overall as a result of this error.

There will also be many women who have suffered injury or greater damage as a result the delays caused by the error.

All women missed over the 10 years due to the error are to be invited for a mammogram, though it will take the NHS some time, not least because there is a shortage of radiologists to interpret and man radiographers which test for breast cancer. Some, in their seventies are currently being invited to attend their final screening with the NHS after they were initially missed when aged between 68 and 71.

The matter is complicated further by the fact that the extent of the damage must be assessed by trying to ascertain what is considered to be avoidable injury; what would have been prevented had the screening taken place when the invite was supposed to be sent out.

Since some cancer treatments are quite aggressive, especially when cancer is spotted at a later point, there can be long term side effects of receiving such treatments which may not have been experienced if that particular treatment had not been necessary.

It is important to take expert advice, whether you are a family member who has lost a loved one to breast cancer in the last 10 years, or you yourself were diagnosed at a more advanced stage and suspect you missed the final screening invite due to this technical error.

In most medical negligence claims the time to make a claim from the point of negligence or clinically induced injury is 3 years, however, in cases such as this where the potential damage caused by the error may take some time to assess, there is a chance that this time frame may be extended.

The fact that it took more than 9 years for the error to be spotted, means that many will feel that pursuing damages is too daunting a task to begin. With that in mind, the public apology from Jeremy Hunt anticipates that some “may have had their lives shortened as a result” and that “some people in this group…would have been alive today if this had not happened”, highlighting how important it is to investigate a claim now.

Rebecca Thomas is a solicitor and director of clinical negligence at Duncan Lewis. She has over 20 years’ experience in her field and represents clients in a wide range of severe and complex cases including surgical and orthopaedic injuries arising from delay and wrongful death claims.

To discuss your matter with Rebecca, call her on 020 3114 1309 or contact her via email at rebeccat@duncanlewis.com.

Duncan Lewis Clinical Negligence Solicitors

Our Clinical Negligence team has significant experience acting in a vast array of claims. Varying from A&E failures to GP negligence claims, to misdiagnosed cancer to wrongful death claims.

Our solicitors act for children and adults who have suffered profound and permanent brain, spinal or neurological injuries and associated disabilities as a consequence of failings in medical care in both NHS and private hospitals.

If you have any queries relating to Clinical Negligence or think that you may have a claim, please do not hesitate to contact our team of expert solicitors on 033 3772 0409.


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