Personal Injury Solicitors

A total of 503 NHS patients who underwent “cleavage sparing” surgery have lodged personal injury claims for breast cancer operations carried out by reconstructive surgeon Ian Paterson.

So far more than £3 million has been paid out to NHS patients as a result of “unregulated” and unnecessary breast surgery which Mr Paterson carried out. Some patients were wrongly diagnosed with breast cancer – Gail Boichat was misdiagnosed with breast cancer in 1995 and underwent an unnecessary mastectomy. She was later told she had never had the disease and is still finding it difficult to accept what happened to her.

Mr Paterson also operated privately on breast cancer patients. His “cleavage sparing” technique involved leaving some breast tissue for cosmetic purposes. However, some of the women Mr Paterson operated on went on to develop breast cancer again in the remaining breast tissue.

Mr Paterson worked at the Good Hope Hospital in Sutton Coldfield near Birmingham between 1993 and 1998. He then moved to Solihull Hospital until he was suspended in 2011 by the General Medical Council.

It is reported Mr Paterson was told to stop carrying out cleavage sparing breast cancer surgery in 2007 but may have continued up to 2010.
He also operated on breast cancer patients for private health provider Spire Healthcare from 1993, working at Spire Little Aston Hospital and Spire Parkway Hospital.

The Heart of England NHS Trust has so far paid out £3.2m in compensation for breast cancer surgery carried out by Mr Paterson. A total of 135 cases are continuing claims yet to be settled. There are 285 claims for private breast surgery carried out by Mr Paterson.

Mr Paterson’s NHS breast cancer surgery is currently the subject of an independent review chaired by Sir Ian Kennedy. The findings are expected to be published by the end of November.

A 2004 internal report into Mr Paterson’s cleavage sparing procedure flagged up the potential issue of a recurrence of breast cancer in tissue not removed during mastectomy for cosmetic reasons, but it took until the 2007 report for the potential dangers to be acted upon.

Mr Paterson was not able to comment because of patient confidentiality – a police investigation is also currently taking place into the operations he undertook.

Chief executive of the Heart of England Trust Mark Newbold said in a statement:

“I would like to re-emphasise that on behalf of the Trust, I very much regret what has happened to so many women – and our thoughts are with them and their families.”

Breast cancer

Breast cancer has been recognised as a hereditary disease which can be prevented if women carrying a harmful mutation in the BRCA1 or BRCA2 genes undergo a double mastectomy before the disease occurs. The BRCA1 or BRCA2 genes help repair changes in DNA to prevent breast cancer occurring; but if the genes are faulty and unable to carry out this function, breast cancer may develop in the future.

Women without breast cancer in their families can also develop the disease and this may be the result of environmental or lifestyle factors, as well as stress or working unsociable hours or on night shifts.

Breast tumours can metastase (spread) from breast tissue to other organs and the lymphatic system, unless malignant tissue is removed

Many women feel extremely distressed at the thought of undergoing mastectomy and losing what they may see as a fundamental part of their femininity. However, public figures like Angelina Jolie have led the way in opening up debate about preventative surgery for those with a high risk of breast cancer. Ms Jolie’s mother died of the disease and earlier this year the actress announced she had undergone a mastectomy to lower her own risk of developing breast cancer.

Duncan Lewis is one of the UK’s leading firms of personal injury solicitors and can advise on any aspect of personal injury claims, including compensation for surgery gone wrong or misdiagnosis.

Contact Duncan Lewis personal injury solicitors for expert legal advice on 020 7923 4020.