I had a mastectomy operation just before Christmas and I am still reeling from the shock of the diagnosis and operation.
I went to my GP in 2005 complaining of lumps and was referred to hospital. I underwent a mammogram and biopsy and was reassured all was well. The lumps did not go away and I went back again to my GP in 2006 who referred me again to hospital. This time the biopsy revealed cancer and I had the mastectomy.
The doctor said the cancer should have been diagnosed when I first presented and I am devastated that I have been treated so badly. What can I do?
It was clearly appropriate for your GP to refer you to hospital straightaway. The tests which were carried out, a mammogram, examination and biopsy were also appropriate and necessary to establish your condition.
However, this did not identify cancer which, according to your Doctor, could have been diagnosed at that stage. You do not say why there was late diagnosis but this can happen for a number of reasons.
The mammogram and biopsy may not have shown any abnormality – this can happen if, for example, the biopsy is taken does not cover the cancerous cells. If the cells taken are borderline or of insufficient quality, a diagnosis may not be possible in which case, a further biopsy may need to be taken. It is possible for a report to be misinterpreted or misfiled so that necessary follow-up appointments were not made.
Obtaining your medical notes is vital to see what led to the diagnosis being delayed. In terms of a legal claim, the measure of damages or compensation will be dictated by the difference in treatment you would have received in 2005, compared with the treatment you did receive in 2006. The delay is also likely to have affected your prognosis and this will also attract an award. I recommend you seek legal advice as soon as you feel able to do so.
