Breast Cancer Misdiagnosis Claims

Breast cancer can sometimes be misdiagnosed because it shares symptoms with non-cancerous conditions. Some of those include:

• Breast cysts

• Fibrocystic breast disease

• Mastitis

• Abscesses

• Blocked milk ducts

• Normal hormonal variations

When breast cancer is misdiagnosed, you could receive the wrong treatment, which can be harmful, but will also fail to treat your actual condition, allowing it to become more advanced.

Unfortunately, as it becomes more advanced, the breast cancer may get to a stage where it becomes more difficult to treat, or in the worst case, terminal.

If your cancer was misdiagnosed, you may be able to claim compensation. Contact us today and take us through the details of your situation—we can advise you on what to do next.

According to the NHS, the most common symptoms of Breast Cancer in women are:

• A lump or swelling in your breast, chest, or armpit

• A change of skin on your breast

• A change in the size or shape of one or both breasts

• Nipple discharge, which may have blood in it (not if you're pregnant or breastfeeding)

• A change in the shape or look of your nipple

• A pain in your breast or armpit that doesn't go away.

If you are experiencing any of these symptoms, speak to your GP as soon as possible.

If you're a male who has had a breast cancer misdiagnosis, including a missed, incorrect, or delayed diagnosis of breast cancer, due to medical negligence, and your condition got worse, you may be able to make a breast cancer misdiagnosis claim.

Male breast cancer is much rarer than female breast cancer, meaning signs can be ignored or missed. This can delay the diagnosis, potentially allowing your cancer to advance.

If you think you may have a claim, get in touch with our specialist lawyers today, and we'll be able to advise further.

A breast cancer misdiagnosis occurs when a healthcare provider fails to diagnose, leading to a missed, incorrect, or delayed diagnosis of breast cancer.

Sometimes this is unavoidable, but other times, when a healthcare provider's actions fall below the expected duty of care, it may be considered medical negligence, meaning the additional harm caused by the misdiagnosis could have been prevented.

If you think you or a loved one has suffered a breast cancer misdiagnosis due to medical negligence, please contact our team of specialist lawyers, and we'll do all we can to help.

Yes, it's possible to claim for someone else who is unable to do so themselves. The most common examples are:

• Claiming for a child: Children can't legally claim themselves until they reach 18, so a parent or legal guardian can do this for them. If a settlement is not reached sooner, the child has until their 21st birthday to claim.

• Claiming on behalf of someone with limited mental capacity: A loved one can make a claim on their behalf, and there is usually no time limit in these cases.

• Claiming on behalf of a deceased relative: If your loved one died due to a cancer misdiagnosis, you can pursue a claim for them.

When you decide to make a breast cancer misdiagnosis claim, our first step is to listen carefully to your experience and gather the details of what happened. 

We’ll then review your medical records and seek expert opinions to determine whether your misdiagnosis occurred because the care you received fell below expected standards, which directly caused your condition to worsen.

If we believe you have a strong case, we’ll guide you through the claims process. 

In many cases, claims are settled without the need to go to court. If your case does proceed further, we’ll represent you at every stage. Throughout the process, our aim is to make things as straightforward as possible, keeping you informed and supporting you from start to finish.

In the UK, you generally have three years to make misdiagnosed cancer claims, which is why you need to proceed as soon as you can. The three years will start from the date of the misdiagnosis or from the date you became aware of it—whichever is later.

There are exceptions to this rule, though. For example, if the claimant lacks mental capacity, there tends to be no time limit. A child has three years from their 18th birthday to bring a claim themselves, meaning the limit extends to their 21st birthday.

To help you understand your specific time limit, get in touch with our team today and get the ball rolling.

Because of the varying circumstances that are specific to you, there is no fixed average payout for a breast cancer misdiagnosis claim. Each payout is based on the severity of the claim.

If you think you might have a breast cancer misdiagnosis claim, but are not completely sure, you can get in touch with our lawyers today. They'll be able to advise you on whether or not you can make a claim.

Misdiagnosed cancer claims can usually be made if the claimant can prove they received a misdiagnosis due to a healthcare provider's medical negligence, and that directly caused their condition to worsen or caused them to undergo further unnecessary treatment.

In a breast cancer misdiagnosis claim, you need to first prove that there was a breach of duty of care that led to a breast cancer misdiagnosis and further suffering for the patient that could have been avoided.

Your lawyer will talk you through any physical evidence, like your medical records, you need to make a claim, and they will research issues raised if necessary.

Yes, you can sue the NHS if their duty of care fell below standard expectations, and that resulted in a breast cancer misdiagnosis, which caused further suffering to the patient.

You can do this through our team of expert lawyers here at Nash & Co Solicitors. For more information on how you can make a claim, contact us today, and we'll do what we can to help.

We completely understand if you feel this way, given the problems the NHS is facing in our current climate.

However, a body called NHS Resolution handles claims against the health authority. The government set up this organisation to handle compensation claims.

NHS Resolution is an arm’s-length body of the Department of Health & Social Care and essentially acts as an insurance provider for NHS Trusts and GPs. Every year, each Trust will pay an amount to NHS Resolution, just like you do for car or home insurance.

When a successful claim is made, NHS Resolution makes the compensation payout on behalf of the Trust or GP concerned. This means that your claim won’t take money away from other patients being treated by that Trust or GP. 

If you have any more questions, please don't hesitate to contact us.

If you don’t think you’re getting the level of service or satisfactory advice from your current solicitor, we’d be happy to discuss switching your case to Nash & Co Solicitors. Just call our team on 01752 827085 or contact us online.