Natalie (whose name has been changed) was diagnosed with triple negative breast cancer (a rare kind of breast cancer that requires different treatments to those involving hormones) in May 2021, when she was 38. She subsequently underwent chemotherapy, followed by surgery. At the time she was told that the treatment had cured her. During her treatment she had reported complaints of back pain and requested further imaging as she was worried that the cancer had spread. No further investigations were done and there was no more imaging undertaken.
How long did Natalie’s treatment last?
Natalie began chemotherapy in June 2021 and underwent surgery in November 2021. Her radiotherapy was completed in January 2022
In February 2022 Natalie went to her hospital ED with complaints of neck pain and backache on two occasions, and was sent for an MRI which showed multiple brain tumours, meaning the cancer had spread. There were no ways to treat it, and sadly Natalie passed away in March 2022.
How did the negligence affect Natalie’s cancer treatment?
It was alleged there was an unreasonable delay in diagnosing that Natalie’s cancer had spread to her brain between May 2021 and February 2022, and that there was a failure to investigate her complaint of back pain made in May 2021. It was accepted in the complaints correspondence that the deceased had complained of long standing chronic back pain and that these should have been considered and investigated.
It was alleged that had Natalie’s complaints been listened to, an MRI would have been performed which would have shown early signs of metastatic disease and that this would have changed Natalie’s management plan. She would have still undergone chemotherapy but would have avoided surgery and radiotherapy.
What compensation did we win for Natalie’s family?
The case was limited to pain, suffering and loss of amenity because of the delay in diagnosis of brain cancer and avoidable surgery and radiotherapy. The delay did not change Natalie’s overall prognosis, and she would likely have passed away in March 2026 in any event.
Liability was admitted and the case settled for a global sum of £10,000 for pain, suffering and loss of amenity.