£302,500 to a 40-year-old man and a 10-year-old girl for the delay in diagnosis of breast cancer which led to the death of their wife and mother respectively in June 2012.
In early 2008, the deceased (“D”) found a small lump in her breast. That was removed and following a biopsy, in October 2008, she was given the all clear. Later in 2008, the December, another small lump was found in D's breast. A had recently suffered a miscarriage and was advised that the lump was caused by the pregnancy and was nothing to worry about. However, the lump grew and in April 2009, a biopsy revealed that she had stage 3 cancer.
D had to have removal of her right breast (a mastectomy), followed by chemotherapy, as well as radiotherapy and hormone therapy. However, an MRI in April 2011 revealed that she had cancer of the spine. She underwent radiotherapy after which she was advised that any more aggressive treatment not advisable. The cancer spread to her lungs and she passed away in June 2012.
The Claimants alleged negligence against the Hospital for failing to carry out a triple assessment in May 2008 resulting in a delay in diagnosing and treating the breast cancer between May 2008 and March 2009. Had this been carried out, it was argued that this would have led to a diagnosis of carcinoma. Also, that if the cancer had been diagnosed and treated earlier, then D probably would not have developed metastatic cancer and would have survived.
The Hospital admitted breach of duty but denied that there had been any effect on the treatment needed or the prognosis and argued that the death was unavoidable.
It was argued by way of complete defence that the case was brought too late, as C had died more than 3 years after her diagnosis. However, the Claimants argued that the court would allow discretion for the case to proceed anyway under section 33 of the Limitation Act 1980 s.33, particularly given the fact that breach of duty had been admitted.
This case settled at a meeting of the parties legal representatives and the claimants.
Out of the settlement figure it is estimated that £72,579 was allocated to the deceased’s pain and suffering with the balance relating to past financial losses and future anticipated financial losses of £105,000.
