Farleys’ medical negligence team was approached by Mrs L about the possibility of making a claim for clinical negligence following a surgical error which led to a delayed diagnosis.


Mrs L attended her local hospital with a lump on her breast which was identified as suspicious through an ultrasound and required a core biopsy and excision. During the excision, the wrong tissue was removed. Mrs L was advised that the lump was benign.

Several months later, Mrs L returned to the hospital with the same lump in her breast. A biopsy was this completed and Mrs L was diagnosed with breast cancer which had spread to one or more of her lymph nodes.

How Farleys were able to help

Mrs L instructed Holly Barnes of Farleys’ medical negligence team to pursue a claim for compensation from the hospital trust on her behalf.

The Trust had already investigated what had occurred and identified the level of harm as severe. It was established that the initial biopsy result was incorrectly classified and prior to the excision, no ultrasound was carried out to confirm the location of the tissue in question.

The Trust admitted breach of duty in that the suspicious area had not been removed at the excision biopsy causing a delay in diagnosis of breast cancer, but denied that it had caused Mrs L to suffer a different outcome.

Holly Barnes obtained independent medical expert evidence to comment on the prognosis and long-term risks. Through negotiation and the presentation of the expert evidence, the Trust agreed to a settlement despite causation being denied.

Holly successfully achieved a quick settlement of £7,500 in damages for Mrs L.

Holly commented,

“What Mrs L has gone through with a delayed diagnosis despite being vigilant with spotting the lump in the first place is terrible and she rightly deserved recompense for the trauma this has caused.

We are pleased to have been able to secure this settlement for Mrs L and hope this will go some way to providing closure on her experiences.”

Contact a Clinical Negligence Solicitor

If you have suffered as a result of clinical negligence you can speak to our experienced personal injury specialists in confidence on 0845 287 0939, by email, or through the online chat below.