Ms. Nicola Slater, from Maidstone, Kent pursued a clinical negligence claim against Dartford & Gravesham NHS Trust for a delay in the diagnosis of breast cancer.
Nicola found a breast lump and went to see her GP who referred her to the Queen Mary’s Breast Unit, Sidcup for a clinical assessment.
She was seen in May 2019 at the Breast Unit where she was medically examined by a Breast Surgeon.
As part of the triple assessment, the Claimant underwent bilateral mammograms and an ultrasound scan which was performed by a Breast Radiologist.
Both the ultrasound scan and the mammograms were reported as normal. Consequently, the Claimant did not undergo an ultrasound guided core biopsy, despite the Breast Surgeon feeling an identifiable lump. Instead, the Breast Surgeon performed a fine needle aspiration on the same day.
The fine needle aspiration result was benign and the Claimant was discharged back to the care of her GP.
In the months that followed, Nicola noted that the same breast lump had increased in size and had become painful. As a consequence, Nicola was referred by her GP to the Maidstone & Tunbridge Wells Breast Team (given that she had moved locations) and she was seen at the Genesis Breast Centre.
At that appointment, Nicola underwent bilateral mammograms, an ultrasound scan and an ultrasound scan guided core biopsy of the same breast lump. As a consequence, she was diagnosed with breast cancer.
The Claimant underwent a wide local excision and sentinel node biopsy procedure in June 2020. In addition, she commenced chemotherapy in July 2020 and underwent a mastectomy and implant reconstruction in January 2021.
The Claimant approached Girlings Personal Injury Claims Limited to investigate the merits of a clinical negligence claim for the failure to diagnose the breast cancer in May 2019.
Expert evidence was obtained from a Consultant Radiologist, a Professor of Surgical Oncology and a Consultant Psychiatrist. A Letter of Claim was sent to Dartford & Gravesham NHS Trust in August 2021. The basis of the allegations of negligence were as follows:
- The Trust failed to correctly report the left breast mammogram and the ultrasound scan performed on 23rd May 2019;
- The Trust failed to complete a triple assessment by performing an ultrasound scan guided core biopsy of the breast lump; and
- The Trust negligently reassured the Claimant as to a benign diagnosis and discharged the Claimant into the care of her GP without any follow up.
As a consequence of the allegations of negligence, it was the Claimant’s case that she had to undergo unnecessary procedures of a wide local excision and sentinel node biopsy, together with chemotherapy treatment. In addition, the delay in the diagnosis and commencement of treatment had meant that she had to undergo such treatment during the COVID-19 Pandemic. The delay had also impacted the Claimant’s survival rate and the risk of recurrence.
The Defendant was slow to respond to our Letter of Claim and when they did respond they denied liability in its entirety. Despite this, the matter eventually settled for the sum of £100,000 in March 2022.
Kate Kennell, Senior Associate Solicitor with conduct of the claim stated:
“It’s been an absolute pleasure to act on behalf of Nikki. It’s incredulous that the Defendant Trust did not admit breach of duty and causation in what was a clear cut case. I am however, very pleased that out of traumatic and challenging circumstances, the case has been brought to a successful closure for Nikki and she can move on and close this particular chapter in her life “
Nicola Slater stated:
“After making a formal complaint to Dartford and Gravesham NHS Trust and discovering that the internal investigation they conducted was deeply flawed, I contacted Kate Kennell at Girlings Personal Injury Claims Limited for help.
I’m so pleased I did. Kate is both incredibly knowledgeable and professional. She is methodic in her approach and kept me updated the entire time. Kate’s empathy, patience and her calm communication style really helped me understand the process and digest often distressing information.
I’m very grateful to Kate for her hard work and support, which has resulted in Dartford and Gravesham NHS Trust settling with a substantial sum”.