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A Guide To Breast Cancer Negligence Claims

By Stephen Hudson. Last Updated11th June 2024. In this guide to making breast cancer negligence claims, you can learn more about how to make breast cancer misdiagnosis claims. To learn more about how much breast cancer compensation you could claim, contact our team.

On this page, you will find a full and detailed guide to the legal process used to make a personal injury claim for breast cancer compensation. It covers everything you will need to know and offers plenty of advice and information about both breast cancer, and the process of claiming medical negligence for breast cancer.

Instead of taking in the entire guide, you can simply skim it to get an idea of the information presented and then call Legal Expert on 0800 073 8804 to get further information and details.

A woman holding both of her breasts through her shirt.

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Who Can Make Breast Cancer Negligence Claims?

All medical professionals, regardless of the medical environment they work in, owe their patients a duty of care. Per this duty, they must ensure that they deliver the correct standard of care when treating their patients. If the care they provide were to fall below this standard, this could cause a patient to suffer harm that was unnecessary or could have been avoided.

To be eligible to make a breast cancer negligence claim, you will need to prove the following:

  1. You were owed a duty of care by a medical professional.
  2. This duty was breached.
  3. This breach caused you to suffer unnecessary or avoidable harm.

For example, if you went to a doctor with a lump in your breast, and they diagnosed your condition as swollen lymph nodes due to only performing a physical exam and failing to refer you for further testing, this could cause your breast cancer to worsen and spread. In this instance, you may be eligible for compensation.

Contact our advisors today to discuss your particular case.

What Are The Different Breast Cancer Types?

In order to establish breast cancer medical negligence, if you were to speak to any cancer claim specialist, they will identify four separate types of breast cancer, which you may be able to see if you were to look at a number of breast cancer pictures and these are:

Invasive – this is the most typical type, so therefore also the most common one that people need to make a delayed diagnosis compensation claim for. This type sees cancer growing within the ducts of the breast and then spreading from there.

The other three types are far less common, and these are:

  • Paget’s disease (when it occurs within the tissue of the breast).
  • Breast cancer which is inflammatory and not invasive.
  • Breast cancer which is invasive but effects the lobes of the breast.

Whichever type of breast cancer you have suffered from, if there was clinical negligence involved in its diagnosis or treatment, then call Legal Expert on the telephone number at the bottom of this page to start a claim.

Delayed Diagnosis Or Misdiagnosis Of Breast Cancer

To answer the question, how much compensation for the misdiagnosis of cancer? The cancer misdiagnosis compensation amounts will always be driven by the severity of the case.

A case of breast cancer misdiagnosis will have occurred if your doctor failed to diagnose you with breast cancer and instead diagnosed you with a different type of cancer or another illness altogether. When misdiagnosis occurs, it will cause a delay in the treatment of the real medical condition, which in the case of breast cancer, could be life-threatening.

If your breast cancer was misdiagnosed, then you should be able to make a breast cancer misdiagnosis compensation claim. Call Legal Expert on the number at the bottom of this guide to proceed with breast cancer negligence claims, so that we can get a cancer misdiagnosis settlement for you.

Claiming Compensation For Breast Cancer Surgical Errors

Another form of clinical negligence that can lead to a person needing to make a cancer compensation claim is medical negligence that occurs during surgery. When a surgeon is carrying out a surgical procedure, if they make a mistake, they could injure the victim. Additionally, accidents such as errors made by the anaesthetist could lead to the victim coming to harm during the operation, and once again, the victim would be able to claim breast cancer compensation.

If you were harmed during a surgical procedure, call Legal Expert today on the telephone number at the bottom of this guide.

Breast Cancer Negligence Compensation Payouts

When you make a successful breast cancer claim, you will receive general damages. All successful claimants get this heading because it covers the physical and mental suffering you’ve experienced due to the medical negligence.

When this head of your breast cancer compensation claim is calculated, reference can be made to Judicial College Guidelines (JCG). This document contains a list of injuries and illnesses of varying severities along with guideline compensation amounts for each one.

The first entry in this table hasn’t been taken from the JCG, but the rest have, so you can take a look below to see some JCG brackets that could be relevant to breast cancer negligence.

Type of InjuryCompensation Bracket
Multiple instances of harm and financial lossesUp to £1,000,000+
Moderately severe brain damage (i)£267,340 to £344,150
Moderate brain damage (i)£183,190 to £267,340
Kidney injuries (a)£206,730 to £256,780
Female reproductive injuries (a)£140,210 to £207,260
Lung disease (a)£122,850 to £165,860
Lung disease (b)£85,460 to £118,790
Bowels (a)Up to £224,790
Scarring£9,560 to £27,740
ScarringIn the region of £10,550

Your breast cancer negligence compensation might also contain special damages. This head of compensation covers the financial losses caused by the harm you endured.

For example, this heading could cover the cost of:

  • Prosthetics, such as a prosthetic breast.
  • Cosmetic aids, like wigs or cosmetic surgery.
  • Prescriptions.
  • Travel.
  • Housekeeping.
  • Childcare.
  • Lost earnings.

These are only a few examples of what your breast cancer negligence claim could cover. However, regardless of the financial losses you are claiming for, you will need to present evidence of them. For example, this could include bank statements and invoices.

Contact our team of advisors today to learn more about how compensation is awarded in medical negligence claims.

No Win No Fee Breast Cancer Negligence Claims

If you need to make a compensation claim for medical negligence that occurred during the diagnosis or treatment of breast cancer, then Legal Expert offers our claims service to every resident anywhere in the UK. Our team are experienced in handling breast cancer negligence claims.

This is a No Win No Fee style of claims service, so this means it is also a wholly risk-free way to make a claim from a financial viewpoint. The way it works is like this; you don’t pay us anything when we start the claims process on your behalf. No matter how long it takes to resolve your claim, we still won’t ask you to pay anything. And if for some reason we can’t actually make a claim for you, then we clean the slate and you pay nothing at all. When you do receive a damages payment though, we will then expect you to pay your legal bill. So, call Legal Expert on the number below so we can start your claim for you today.

Speak To Our Specialist Team Today

We hope our updated guide to breast cancer negligence claims has helped you to learn more about claiming for the misdiagnosis of breast cancer. 

Legal Expert can help you claim the compensation you are entitled to you if your case of breast cancer involved some form of medical negligence. Call us now on 0800 073 8804 and once we have asked you a few questions about our case, we will let you know what you need to do next from a legal point of view.

Useful Links

For more guidance and support on breast cancer screenings and medical negligence claims, you can check out the guides and other pages linked to below:

If you have been affected by the misdiagnosis of breast cancer, you could make breast cancer negligence claims with our team.

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    • Patrick Mallon

      Patrick is a Grade A solicitor having qualified in 2005. He's an an expert in accident at work and public liability claims and is currently our head of the EL/PL department. Get in touch today for free to see how we can help you.

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