Breast cancer is one of the most common types of cancer in the UK, affecting thousands of women and, something many people do not realise, also affecting around 400 men each year.
Early detection and treatment significantly improve someone’s chance of survival from the disease. Unfortunately, mistakes or delays in diagnosis or treatment can have devastating consequences, which leave patients and their families facing not only serious health challenges but also emotional and financial hardship.
At MDS, we specialise in medical negligence claims relating to breast cancer diagnosis and care. We help people and their families to get answers for what happened to them and, when they have a claim, to secure justice and financial support for the injuries that they have suffered.
If you believe that you or a loved one has suffered a delayed or missed diagnosis of breast cancer, or you have concerns about the treatment provided, you may be entitled to make a breast cancer claim and seek compensation.
This article will explain the key symptoms of breast cancer and the diagnosis process; it will explore the impact of breast cancer on patients, outline how to pursue a claim, discuss common legal hurdles, and share case studies from MDS clients.
Understanding Breast Cancer: Symptoms and Diagnosis
What are the Common Symptoms of Breast Cancer?
In most patients, the symptoms below are not always because of breast cancer, but being able to recognise the early signs of breast cancer is vital because the earlier breast cancer is diagnosed, the more successful the treatment is likely to be.
Signs and symptoms of breast cancer include:
- A lump or thickened area in the breast or underarm
- Changes in the size or shape of the breast
- Dimpling or puckering of the skin
- Nipple discharge (sometimes with blood)
- Pain in the breast or nipple area
- Redness or a rash around the nipple
These symptoms do not always indicate cancer, but they must be taken seriously.
If you visit your GP or a specialist with any of the above symptoms, then they may refer you for further investigations to rule out breast cancer.
You can read more about the symptoms of breast cancer to look out for and how to check your breasts on the Breast Cancer Now website.
What is the Diagnosis Process?
The standard pathway for diagnosing breast cancer involves:
- GP Appointment
If you have seen your GP because you are concerned about any of the above symptoms, the GP will perform a physical examination and then, if appropriate, refer you to a breast clinic under the NHS Two-Week Rule, so that you can be seen urgently by a specialist.
Being referred to the breast clinic does not mean that you have breast cancer. It just means that more investigations are needed to find out what is causing your symptoms.
- Breast Clinic Appointment
When you attend the breast clinic, you may want to take someone with you for support, but you can go on your own. You might have to complete a questionnaire about your family history of breast cancer, your current medical history and any medicines you are taking.
You may then have the following investigations, which are collectively known as a Triple Assessment:
- Clinical Examination – a thorough check by a specialist.
- Imaging Tests – usually a mammogram or ultrasound.
- Biopsy – removing a tissue sample for laboratory analysis.
You may wish to wear a top that you can remove easily. It can take several hours to have the investigations. You might be asked to go back again for another appointment once the results of the investigations are received.
- Diagnosis and Treatment Planning
If it is confirmed that you have breast cancer, a treatment plan will be prepared by a team of specialist doctors, nurses and surgeons. Treatment for breast cancer can include:
- Surgery.
- Chemotherapy.
- Radiotherapy.
- Hormone therapy.
You may need some of all of the treatments for breast cancer. Your doctors will guide you as to what the most appropriate treatment is for you.
When Things Go Wrong
We can help you if you are concerned about:
- Delay in diagnosis or failure to refer. If GPs or other doctors have failed to refer you or a loved one for investigations after you have complained of symptoms of cancer. A delay in diagnosis can allow cancer to progress to a more advanced stage, reducing treatment options and survival chances.
- Missed diagnosis. If cancer is not diagnosed despite signs, symptoms and test results.
- Incorrect tests. If there is a failure to perform the correct tests to diagnose cancer.
- Inadequate reporting. If test results or scans are not properly reported.
- Treatment failures. If the treatment for the cancer is incorrect, or if there is a delay in treatment.
- Inadequate Follow-Up: If there is a failure to properly monitor you after treatment, which could lead to recurrent cancer being missed.
Any one of the above failings can form the basis of a breast cancer claim.
The Impact of Breast Cancer Negligence on Patients
The consequences of negligent breast cancer care are often profound, affecting patients physically, emotionally, and financially.
Physical Consequences
A delay in diagnosis or improper treatment may mean:
- More aggressive or extensive treatment is required.
- Cancer spreads to other parts of the body, making it incurable.
- Increased side effects from treatment due to advanced disease and longer recovery times.
Emotional and Psychological Impact
The emotional toll of a delay in diagnosis of breast cancer can be overwhelming. Many patients experience:
- Anxiety and depression
- Fear and uncertainty about the future
- Loss of trust in healthcare providers
- Strain on family relationships
Financial Burden
Breast cancer can lead to:
- Loss of earnings because you need time off work for treatment and recovery
- Increased costs for travel to appointments and for extra items you need at home to help you
- The need for care, assistance and support at home
- Private treatment expenses in some cases
Securing breast cancer compensation can help cover these costs, and can provide crucial financial stability for you and your family.
Making a Breast Cancer Claim: Step-by-Step Guide
If you have concerns about your breast cancer diagnosis or treatment, or about the care received by a loved one, then you may be able to make a claim for breast cancer compensation.
The steps set out below give you an idea of what you can expect if you decide to make a claim and how we can help you:
Step 1: First Meeting
After you contact us to tell us about your concerns, we will consider whether we can assist you and if we believe that we can, then we will arrange a free, confidential meeting with you so that we can:
- Understand your experience and talk about your concerns about what went wrong
- Consider any available relevant documents, such as medical records
- Explain to you what we need to prove for the claim to be successful and how the claim will be funded. You can read more about No Win, No Fee agreements on our Frequently Asked Questions page here.
Step 2: Gathering Evidence
Once you have instructed us, we will need to investigate your claim and to prove negligence, we need to establish:
- Breach of Duty – showing that the care you received fell below the expected standard.
- Causation – demonstrating that this breach directly caused harm, such as a worsening of your condition.
You can read more about the test for medical negligence here.
To prove breach of duty and causation, we have to obtain factual and expert evidence. The evidence that we obtain may include:
- Medical records and test results
- Expert medical opinions
- Witness statements
- Correspondence with healthcare providers
Step 3: Calculating Compensation
If your claim is successful, then you will receive compensation. The extent of any breast cancer compensation will depend on several factors, including:
- Pain and suffering caused by the delay
- Cost of ongoing treatment or care
- Lost earnings and future loss of income
- Psychological impact and reduced quality of life
Step 4: Negotiation and Settlement
If your case is successful, it will most likely be resolved through negotiation with the other side (often the NHS or private healthcare provider). At MDS, we aim to secure a fair settlement for you without the stress of going to court.
However, if necessary, we will represent you in court to fight for the compensation that you deserve.
Common Legal Challenges in Breast Cancer Negligence Claims
We have a strong track record of success in claims involving delay in diagnosis of cancer.
There can be challenges with these claims, which you should be aware of and we will discuss with you during your claim:
- Time Limits
- You generally have 3 years from the date of negligence or from when you first realised something was wrong to make a claim. This is called the limitation period.
- For children, the three-year limit begins on their 18th birthday.
- Proving Causation
- It is sometimes difficult in cancer claims to show that a delay or error directly caused a worse outcome, especially if the cancer was aggressive.
- Expert medical testimony is crucial in these cases.
- Incomplete Records
- Missing or incomplete medical records can complicate the evidence-gathering process.
We have experience dealing with these situations and we will work with you to build a strong case. We will be by your side throughout the claim and we will explain everything to you, so that you know what is happening.
Real-Life Breast Cancer Case Studies
Case Study 1: Delay in diagnosing Breast Cancer results in pulmonary embolism
Our client, Mrs B, visited her GP several times due to hip pain, which was much worse than would be expected for a minor or muscular issue. She was referred for an x-ray, which was normal. No further investigations were requested.
Mrs B suffered a minor bump to her arm, which caused intense pain. She went to A&E and investigations revealed that she had breast cancer, which had spread to her hip, chest and arm. She needed surgery and treatment with chemotherapy and radiotherapy; however, the chemotherapy treatment was delayed, and she was given the wrong drugs, which led to her having a pulmonary embolism.
The failures in care in this case were numerous and were easily avoidable. Ms B was ignored and dismissed when she complained of pain, and this meant that her suffering was prolonged. Some of the allegations were admitted, but there was no admission for the delay in referring Mrs B for investigations of the hip pain. Despite this, we negotiated settlement of the whole claim for Mrs B and she received a significant sum of compensation.
Testimonial: A Client’s Experience. “I cannot thank my solicitor and her team enough. They made the whole process relaxed, easy and very professional. They all listened which made me feel - 'at last someone is concerned' which was a relief. They kept me in the loop the whole time, explained the process and were 100% amazing. I would recommend this firm to anyone.”
— Former MDS client
Why Choose MDS for Your Breast Cancer Claim
At MDS, we understand that breast cancer negligence cases are deeply personal and emotionally challenging. Our clients trust us because of our:
- Specialist Expertise: We focus exclusively on medical negligence claims. It is all we do.
- Compassionate Support: We prioritise your wellbeing throughout the legal process. We hold your hand throughout the claim and we are in your corner.
- Proven Results: Our track record includes significant settlements for breast cancer cases. We will keep fighting for you for as long as we can.
- No Win, No Fee: You will not pay any legal fees unless we win your case. We explain everything to you at the beginning of the claim, so that it is completely transparent.
Quote from Navdeep Kainth, Partner and Specialist Medical Negligence Solicitor from MDS, said “Breast cancer is one of the most common forms of cancer affecting both women and men. It is crucial that patients reporting potential symptoms are listened to and diagnosis take place early to help improve outcomes and save lives”.
Conclusion: Take Action Today
If you or a loved one has suffered because of a delay in diagnosis, misdiagnosis, or substandard treatment for breast cancer, you do not have to face it alone.
Pursuing a breast cancer claim can provide not only financial stability but also a sense of justice and accountability.
At MDS, we are here to guide you through every step of the process with compassion and expertise.
Contact us now —your right to claim is time-limited.
Contact us today for a free, no-obligation consultation and take the first step toward securing the compensation and answers that you deserve.
.webp)
