Wrong Diagnosis of Breast Cancer Claim

How much compensation could I get for a wrong diagnosis of breast cancer claim if I had breast tissue removed unnecessarily?

Answer:

The first thing to establish before making a wrong diagnosis of breast cancer claim for compensation is that your “injury” is attributable to the negligence of a medical practitioner who “at the time and in the circumstances” wrongly diagnosed you with breast cancer. The term “at the time and in the circumstances” is an important factor in claims for the wrong diagnosis of breast cancer because if another “competent” medical practitioner would have also interpreted test results as showing that you had breast cancer – “at the time and in the circumstances” – they too might have proceeded with the treatment that was carried out, thereby providing your medical practitioner with the argument that they were not liable in any claim for the wrong diagnosis of breast cancer.

Indeed, the unnecessary removal of breast tissue may not even be the fault of the medical practitioner who wrongly diagnosed you, as many different technical and administrative processes are used in the “triple test” before a diagnosis is made. Therefore, not only is it necessary to establish that a wrong diagnosis of breast cancer claim for compensation is justified, but also against whom it should be made. This is something that an experienced medical negligence solicitor would be prepared to look into on your behalf, but please also note that because a medical negligence solicitor accepts your case, it is no guarantee of success.

Once negligence and the negligent party are determined, a solicitor would calculate how much compensation for the wrong diagnosis of breast cancer you are entitled to receive based on four main factors – physical injury, psychological injury, loss of amenity and special damages. Each of them will be weighted in relation to your age and general state of health before the wrong diagnosis of breast cancer, with the primary consideration being the emotional trauma you have experienced, the effect that this has had on your confidence, your ability to socialise and possibly even to find employment.

Depression after any breast surgery – whether justified or not – is also a big factor in a claim for the wrong diagnosis of breast cancer, and your solicitor will ensure that the cost of support and therapy is included in the compensation for your wrong diagnosis of breast cancer claim. You will also be able to recover any other expenses you have incurred for medicines and medical equipment, lost income if you have been unable to work and even any costs associated with making a claim for the wrong diagnosis of breast cancer compensation.

Mostly due to the psychological issues, no two claims for the wrong diagnosis of breast are the same – even when the negligent treatment that has been received is identical. Therefore, it would be in your best interests to speak with an experienced medical negligence solicitor at your earliest opportunity – first to establish that you have a wrong diagnosis breast cancer claim and against whom it should be made – and secondly to assess how much compensation for the wrong diagnosis of breast cancer you should be entitled to receive.