In December 2021, Medical Solicitors’ director, Caroline Moore, successfully settled one of the most complex cancer negligence cases she’s ever had the privilege to handle.
Woman in Her Early 60s Died After Five-year Delay to Diagnose Breast Cancer
The case related to the estate of a 61-year-old woman who died from metastatic breast disease in 2017 after being continually told that lumps in her breast, and later armpit, were not cancerous over a five-year period.
Her widower sought the help of Caroline to bring a clinical negligence claim against two defendant NHS trusts in Yorkshire for their contribution to a delay in his wife’s cancer diagnosis. Despite extensive histopathology investigations, the cause of death was questioned by the two trusts which led to prolonged proceedings.
The patient first noticed a lump in her breast in February 2012 when she was 55. This was removed and investigated, with both defendants advising it was not cancerous. She was told she had fibromatosis, an aggressive, benign tumour that could recur but would not kill her. This was corroborated by a further review by a sarcoma histopathologist. However, histopathology advised that the lump had not been fully removed. It was recommended to the breast surgeon that a wider excision take place. However, he failed to recommend this to the patient who opted for regular observation instead.
In 2015, she then found a lump under her armpit which again was taken out and examined. She was again reassured that it was not malignant. The following year, she found another lump in her breast which was also deemed not cancerous.
By July 2017, she had developed severe abdominal discomfort. Ultrasound, CT and MRI scans showed a large liver mass, a cystic kidney lesion and lung nodules. A PET scan showed multiple hotspots in the colon and spine and biopsies showed a spindle cell tumour. Her cancer rapidly spread to the spine and brain and she passed away in November 2017 aged 61.
The clinical negligence case was complex in that the defendants questioned the cause of death. They argued that the deceased had suffered two separate sarcoma cancers rather than died from metastatic breast cancer, thus refuting liability.
This led to extensive investigations involving both defendant trusts’ histopathology departments as well as five independent histopathologists. Caroline even arranged for human tissue to be exported to a sarcoma pathologist in Dublin who produced a fantastic report confirming there was no involvement of sarcoma in the disease process.
Following a lengthy litigation process, which raised concerns about the defendants’ position on factual causation of death, a settlement figure of £285,000 was agreed. This included claims for loss of grandparental services to two of her young grandchildren and one great-grandchild.
