Cancer Misdiagnosis Claims

Breast Cancer Misdiagnosis Claims

Breast cancer is the most common form of the disease in Britain, with almost 50,000 new cases every year.

Despite breast cancer’s early warning signs being well known, all too often we come across doctors who’ve failed to diagnose the condition as early as they should have done.

We’ve helped many people to claim compensation after suffering as a result of medical errors. This negligence often involves a failure to:

  • Refer them to a specialist
  • Perform a biopsy
  • Investigate symptoms properly
  • Refer them for the relevant CT/MRI scans

We also represent the families of people who have passed away as a result of breast cancer misdiagnosis, helping them seek answers and compensation from the organisation responsible. Our medical negligence solicitors know that an apology can be incredibly important for those who have suffered from misdiagnosis of cancer.

Most of our claims are funded using a No Win No Fee* agreement, which means you won’t have to worry about legal costs during an already distressing time.

We’ll make sure that you have access to the best possible treatment before and after your claim has finished, using our contacts with cancer charities around the country.

Largest medical negligence team in the country
No Win, No Fee*
Client liaison managers to help access specialist support
Recognised by independent legal guides

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Breast Cancer Misdiagnosis Claims - More Information
    • What Will Happen When I Make A Claim?
    • After you’ve contacted us, we’ll set up a free initial consultation to discuss your case and whether you have a legal claim. We’ll discuss what funding options are available to you to pay for your claim, including No Win No Fee agreements*.

      We’ll then get in touch with those responsible for your negligent treatment at an early stage to see if they accept the blame for your illness. If they accept responsibility, we’ll try to secure interim compensation payments which can fund private medical care and ongoing expenses, before your claim fully settles. Any interim payments will be taken out of your final compensation award.

      Our experts will look into your case in detail, gathering evidence from independent medical professionals. These experts evaluate what care you should have received and can determine any future implications to your health. They’ll also advise us on the care you’ll need in the future.

      We’ll always try and negotiate claims out of court, keeping the claim process as short as we can. However, if your opponent doesn’t accept responsibility or doesn’t agree with the amount of compensation we feel you need, we’ll start court proceedings.

      Even when trial dates have been set, claims are still often settled before reaching court. If your claim does need to go to court, we’ll be there to help you every step of the way, talking you through what will happen so you feel as comfortable as possible.

    • What Are The Time Limits For Making A Claim?
    • In most medical negligence cases, you have three years to make a compensation claim, starting from the date the negligence happened (or the date you first became aware that you’d suffered because of negligence). For children, this three year period begins on their 18th birthday, so they have until they’re 21 to make a claim.

      However, it’s important to contact us as soon as possible so that we can begin to investigate your claim. If you have questions or concerns about the time limits, please call us for free initial advice on 0800 121 6567.

    • Who Can Make A Claim?
    • All medical professionals have a duty of care to make sure that your condition is diagnosed as soon as possible and that you’re given the right treatment. If this doesn’t happen, your cancer could go undetected and spread to other parts of the body, making it harder to treat.

      You might be able to make a compensation claim if the medical professional taking care of you didn’t:

      • Link your symptoms to breast cancer
      • Diagnose you with the correct condition
      • Provide an adequate initial investigation
      • Refer you for the relevant CT and MRI scans
      • Carry out your biopsy correctly

      If a loved one has died because of the delayed diagnosis of testicular cancer, our lawyers can help you with:

      • Recovering compensation for their pain and suffering, to account for financial losses caused by their death and to cover funeral expenses
      • Representing you at inquest
      • Getting you the answers and apology you deserve from those responsible

      Our lawyers could help you access a statutory bereavement award, which is separate to a claim for compensation and recognises your grief in the event of a wrongful death. This is available if you’re the spouse, civil partner or parent (if they’re under 18) of the person who died.

      Everyone has the right to a high standard of care but avoidable medical errors do happen. By contacting us today we can act quickly to secure you specialist care and support which can make a huge difference.

    • Can I Make A Claim On A No Win No Fee Basis?
    • Many of our cases are funded with a No Win No Fee agreement. This means that there’s no financial risk* to you when making a compensation claim.

      At the start of your case we’ll discuss funding options with you, advising you which we think is most suitable. If you have legal expenses insurance (LEI) or are covered by a trade union policy, these may be best for you. Legal expenses insurance is included in many household insurance policies, so it’s always worth checking whether you’re already covered.

      If we think you’re best supported by a No Win No Fee agreement, we’ll explain the process clearly. This involves setting up an insurance policy that will protect you, at no cost to you. You’ll only have to pay anything when your claim is successful – your opponent will pay most of our fees.

      Please visit our No Win No Fee page for more information on how it works.

    • How Our Other Teams Can Help
    • Because we’re a full-service law firm, we also have a number of other in-house teams with specialist knowledge in areas such as rehabilitation, Wills and asset management.


      We see rehabilitation as key and will make sure that you can access the care and support services you need to lead the best life possible. Our client liaison managers can provide support and information to you and your family, helping you with many of the “non-legal” problems you may face.


      We have specialist Wills solicitors who can help with any issues surrounding Wills and who can also assist if you’re claiming on behalf of a loved one who has unfortunately passed away.

      Asset Management

       Our Asset Management team can provide advice on how your compensation could be best invested. We also have Court of Protection lawyers who can set up personal injury trusts and make sure you have access to the benefits you’re entitled to.

    • Meet The Team
    • As the largest medical negligence department in the country, our solicitors are highly rated by independent legal guides.

      We have years of experience in securing compensation for those who’ve suffered as a consequence of medical errors. Our solicitors are aware that every claim is different and we make sure that we understand the care and support you need.

      We appreciate that getting access to the best treatment for your cancer is a priority. We’ll aim to secure the treatment you need as soon as we can, using our connections at leading charities and specialist care providers.

      For some people getting an apology and explanation for what’s happened is just as important as a compensation award. We’ll take the necessary steps to make complaints and will campaign to see that systems are put in place to ensure the same thing doesn’t happen to somebody else.

Irwin Mitchell is a firm of the highest integrity that will work for the client to provide an excellent, compassionate service from beginning to end."

Vivian, client

Frequently Asked Questions

What Constitutes Negligence?

If your doctor failed to follow certain guidelines from the National Institute for Health and Clinical Excellence’s (NICE), they may have been negligent. It’s vital that breast cancer is diagnosed early on, which is why there is strict guidance for GPs from NICE about…

…the referral of patients to specialists.

When these guidelines aren’t followed correctly and mistakes are made, the effects of a delayed diagnosis of breast cancer can be tragic – especially when it’s an aggressive form of the disease. GPs are provided with a list of cases in which to make urgent referrals to a specialist. These include patients who:

  • Have a solid lump that is fixed in place
  • Are younger than 30 and have a lump that is increasing in size
  • Are younger than 30 and have a lump along with a family history of cancer
  • Have noticed a recent change in the shape of their nipple
  • Have a bloody discharge from one nipple

There are also occasions when GPs should make non-urgent referrals, including when you have breast pain but no other symptoms.

If your doctor hasn’t made the correct referral after seeing your symptoms, perhaps mistaking your cancer for a cyst, you could have a claim for medical negligence.

Our solicitors have years of experience investigating breast cancer misdiagnosis claims. We understand what you’re going through and we know how to find out what went wrong in your treatment.

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What Are The Consequences Of Misdiagnosis Or Delayed Diagnosis?

If your doctor fails to make a timely referral to a specialist consultant, breast cancer is increasingly difficult to treat successfully. Delayed diagnosis may lead to a reduction in life expectancy.

Late diagnosis of breast cancer can also mean that you’re forced to undertake more invasive surgery or chemotherapy than you would’ve had if…

…the cancer had been caught earlier. For example, delayed diagnosis might mean that the only treatment option is a full mastectomy, as opposed to a less drastic lumpectomy that only removes the tumour itself. Similarly, chemotherapy can be avoided when the cancer is diagnosed early enough.

If you decide to make a medical negligence claim, compensation can help cover the financial costs of a delayed diagnosis. Some of the things that your claim will take into account include:

  • Any future health implications
  • Life expectancy
  • Loss of earnings
  • Private healthcare costs
  • Psychological support
  • Travel expenses
  • Your pain and suffering

We aim to give you the peace of mind that comes with knowing you and your family’s needs are covered. Please call us on 0800 121 6567 for a free initial consultation about your claim, or contact us online.

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What If Breast Cancer Surgery Wasn’t Performed Correctly?

After being diagnosed with breast cancer, you have a right to receive a certain standard of surgery to treat the disease. Unfortunately, we’ve represented many women who have had poor surgical treatment for breast cancer.

Some of the surgical mistakes we’ve helped people claim for include:

  • Not enough of the cancerous tissue being removed, meaning that the cancer returns later
  • Unnecessary cosmetic damage to the breasts
  • Inappropriate breast reconstruction surgery being carried out

When investigating your claim, we’ll contact independent medical experts who can help prove what happened to you and why it went wrong. We’ll use their evidence to form a compelling legal argument against the organisation responsible.

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Awards & Recognition

We're always proud to be recognised for the work we do for our clients and have been named as a leading firm in the latest legal guides - which provide information and recommendations about lawyers and law firms in the UK.

"They are forensic and analytical as well as campaigning and careful. All of the lawyers work tirelessly for the smaller cases as well as the bigger cases."
We're delighted to have been named Claimant Solicitor of the Year in the 2016 Post Magazine Rehabilitation First Awards, an award we've won on seven previous occasions.
"One of the best’ and ‘go-to firm’ Irwin Mitchell covers the full range of work, and specialises in complex, unique cases."

What Our Clients Say

We truly value and appreciate the feedback we receive from our clients, as we look to improve the services we offer on an ongoing basis.

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We work with a number of charities.

We know how important their work to raise awareness of the disease is and we’re proud of our support for cancer charities, both local and national.

Our close relationships with these charities mean that we’ll often work with them when planning your care package, using their specialist knowledge to find out what’s best for you.

Some of the charities we support include:

  • Macmillan Cancer Support
  • Breast Cancer Care
  • Cancer Research UK

Our Offices

Our offices are located in major cities throughout the UK and have excellent transport links.

Start Your Claim Today

To begin your claim for compensation, or ask any questions regarding personal injury claims, contact us today for a free consultation.

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