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Breast Cancer Misdiagnosis Stories – How To Claim Compensation

A doctor discussing breast cancer misdiagnosis stories with a patient while sat at a desk

Last Updated On 28th May 2025. This guide will look at breast cancer misdiagnosis stories with the aim of highlighting when a medical negligence claim could be valid. Cancer is a disease that may get progressively worse over time, and an incorrect diagnosis could lead to a delay in treatment that negatively impacts your health.

This guide will look at the eligibility criteria that apply to claims for unnecessary harm caused by medical negligence. Additionally, we will discuss the time limits you must observe and how a No Win No Fee agreement could benefit you.

Please speak to our team if you have evidence to show your cancer was negligently misdiagnosed. An advisor can provide insight into the merits of your potential claim. Furthermore, our team could put you in touch with one of our medical negligence solicitors if you meet the criteria to claim breast cancer negligence compensation. Call today for a free consultation. To make your enquiry:

  • Contact our helpline on 0800 073 8804
  • Fill in our contact us form
  • Use our Live Support web chat widget to talk to an advisor

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What Is A Breast Cancer Misdiagnosis?

A misdiagnosis of cancer could take two different forms. Either:

  • Your doctor diagnoses you with breast cancer when you don’t have it; or,
  • Your doctor diagnoses you with a different condition when you actually have breast cancer.

Just because a breast cancer misdiagnosis occurs does not automatically mean you’re eligible to claim. You need to show that a medical professional breached their duty of care and, as a result, caused you unnecessary or avoidable harm.

What Is Medical Negligence?

All medical practitioners, including doctors and nurses, owe their patients a duty of care. This means that these professionals must deliver a standard of care to their patients that does not fall below a minimum level.

If they do not do this, a patient could experience harm that the correct level of care could have avoided. A breach of duty of care that causes avoidable harm is known as negligence.

If you’re unsure whether medical negligence played a role in your misdiagnosis, contact our team of advisors for insight.

Breast Cancer Misdiagnosis Stories

We have included the below breast cancer misdiagnosis stories to demonstrate how a negligent misdiagnosis could cause avoidable or unnecessary harm.

One woman was diagnosed with triple-negative breast cancer and afterwards underwent a double mastectomy and chemotherapy. However, it was later discovered that she received her diagnosis on the basis of misreported biopsy and scan results.

When it was discovered that she had been misdiagnosed with cancer, she described the experience of receiving treatment and undergoing unnecessary surgery as “traumatising”.

Sources: https://www.bbc.co.uk/news/uk-england-stoke-staffordshire-49049988

Fatal Breast Cancer Misdiagnosis Stories

A woman attended her GP surgery after she discovered a lump in her breast. She was diagnosed with a swollen lymph gland even though the GP did not examine it thoroughly and did not order further diagnostic tests. Nearly a year and a half later, she returned to the GP, having found a second lump.

Not long after the second lump was discovered, this woman was admitted to the hospital for breathing difficulties and coughing up blood. She was diagnosed with advanced breast cancer and died after undergoing six rounds of chemotherapy. The GP who initially attended to this woman admitted that they should have performed a breast exam when she reported the first lump.

Sources: https://www.thenorthernecho.co.uk/news/23039143.newcastle-mum-two-dies-breast-cancer-34/

Why Breast Cancer May Be Misdiagnosed

There are a number of ways that a breast cancer misdiagnosis could occur. For instance, you could be misdiagnosed because:

  • The results of a routine mammogram are inconclusive, but your GP does not refer you for further tests or a second mammogram.
  • You went to your GP with obvious symptoms of breast cancer but they failed to perform a breast exam or send you for diagnostic testing.
  • You are sent for a mammogram but this is performed incorrectly, meaning you are told you have cancer when you don’t.

In each of these examples, a misdiagnosis could mean that your breast cancer is missed in its early stages, or that you’re given unnecessarily harmful treatment for a condition you do not have. Speak to our advisors if you believe that hospital negligence contributed to your misdiagnosis. Our team may be able to put you in touch with a medical negligence solicitor.

How Breast Cancer Misdiagnosis Impacts Patients

A medical misdiagnosis could mean that your breast cancer goes untreated, meaning it has time to metastasise and spread. According to Cancer Research UK, breast cancer most commonly spreads to the lungs, brain, lymph nodes and bones. As seen in one of the breast cancer misdiagnosis stories above, a misdiagnosis can also result in death.

Contact one of our advisors for an assessment of the validity of your case.

How Much Could I Claim For A Breast Cancer Misdiagnosis?

After having read the previous breast cancer misdiagnosis stories, you may be wondering how much your own negligent misdiagnosis could be worth.

If your medical negligence claim for a cancer misdiagnosis is successful, you could receive a payout made up of up to two heads of claim. The first is a general damages payment, intended to compensate you for the pain, suffering and loss of amenity you’ve experienced due to medical negligence.

We have created a table showing figures found in the Judicial College Guidelines (JCG). This is a publication that medical negligence solicitors may turn to when assessing how much a claim could be worth. Please note that the figure in the top row was not taken from this publication.

Injury TypeSeverityCompensation Award
Multiple instances of harm and related costsVery serious, could include lost earnings and home careUp to £1,000,000 or more
Brain and Head InjuryModerately Severe£267,340 to £344,150
Brain and Head InjuryModerate (i)£183,190 to £267,340
Lung DiseaseSerious Disability£122,850 to £165,860
Lung DiseaseLung Cancer£85,460 to £118,790
Psychological Damage GenerallySevere£66,920 to £141,240
Psychological Damage GenerallyModerately Severe£23,270 to £66,920
Post-Traumatic Stress DisorderSevere£73,050 to £122,850
Post-Traumatic Stress DisorderModerately Severe£28,250 to £73,050
Scarring (Other Body Parts)Disfiguring Scar£9,560 to £27,740

In addition, you may receive a special damages payment. This head of a claim is intended to cover the costs of any out-of-pocket expenses you experienced due to medical negligence. For instance, this could include the cost of travelling to and from hospital appointments, paying for hospital parking, and the cost of buying prescription medications.

The payment you receive will depend on your individual circumstances. Please feel free to call our team, and an advisor can provide a more personalised estimate of your compensation.

How Do No Win No Fee Agreements Work?

If your circumstances are similar to any of the breast cancer misdiagnosis stories that we have mentioned in this guide, then you could be entitled to claim. You can get in touch with our team for a free consultation.

If our advisors determine that you meet the eligibility requirements to begin a claim, they may be able to put you in touch with a solicitor. They can help you prepare your case and represent you during your claim.

Our solicitors generally work under a particular kind of No Win No Fee agreement known as a Conditional Fee Agreement (CFA). When using this kind of arrangement, you wouldn’t have to pay for the solicitor’s services while the medical negligence claims process is ongoing. Also, you typically wouldn’t have to pay their service fees if the claim ends up failing.

Instead, if your claim succeeds and you are awarded compensation, your solicitor will deduct a small success fee from this award. This fee is capped by law.

Why Choose To Work With A Solicitor From Legal Expert?

At Legal Expert, our solicitors undergo years of training and education to ensure that they know how to navigate the legal system. Making a claim for a breast cancer misdiagnosis can be a big decision, especially if you are still dealing with the repercussions of medical negligence. 

There is an option to proceed without legal representation. However, instructing a solicitor can make the process much easier for you. Our solicitors offer the following services to eligible claimants:

  • Helping you to gather the evidence that will strengthen your case and prove your losses
  • Argue for your compensation total to account for the full impact that the misdiagnosis has had on your life 
  • Handling communication with the defending party on your behalf in a professional manner 
  • Assisting you with an application for an interim payment if appropriate- this is a payment that you could receive before the medical negligence claim has been completely settled.

You can reach out to our advisors to find out if you could be eligible to access these incredible legal services. Our solicitors take a client-focused approach to law, providing you with regular updates on the state of your claim. However, there is no pressure to decide whether you wish to make a medical negligence claim at this stage. You can simply contact our advisory team to learn more about the breast cancer misdiagnosis stories that we have discussed in this guide.

  • Call our helpline on 0800 073 8804
  • Fill in our contact us form
  • Use our Live Support web chat widget to talk to an advisor

More Cancer Medical Negligence Stories

Other guides about cancer misdiagnosis claims:

When Could You Claim For Brain Cancer Misdiagnosis?

Making A Compensation Claim After A Lung Cancer Misdiagnosis

Informative resources from third parties:

General Medical Council (GMC) – Concerns About Doctors

UK Government – NHS Constitution For England

Thank you for reading these breast cancer misdiagnosis stories. To learn more about the medical negligence claims process, speak to our team using the provided details.

Written by Chelache

Edited by Stocks/Finlay

Meet The Team

  • Patrick Mallon legal expert author

    Patrick Mallon (BA, PgDl) is a Grade A personal injury solicitor and head of our EL/PL department, which handles accidents at work and public liability claims, such as slips, trips and falls. He qualified in 2005 and has over 20 years of experience. Patrick is an expert No Win No Fee lawyer and well-known for his successful case, Billie Mae Smith v McDonalds. You can learn all about Patrick, his qualifications and his experience as a solicitor here. Get in touch today for free to see how Patrick and the team can help you.

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