The Plaintiff, now in her late 60s, underwent the removal of a benign lump in her left breast in and around the late 1970s. Following the said procedure the Plaintiff was required to undergo screening mammograms by way of follow-up. One such mammogram was performed in and around 2003. The mammograms were incorrectly reported and as a consequence of same there was a delay in the diagnosis of malignant disease. The diagnosis was delayed by a period of approximately one year.
As a result of the failure to make the correct diagnosis of cancer in November 2003 the Plaintiff’s prognosis was altered. Furthermore the Plaintiff would not have been obliged to undergo such extensive surgery as she did in fact undergo when the diagnosis was made. The Plaintiff suffered recurrent depression and anxiety as a consequence of the delay in her diagnosis.
The Plaintiff instructed Patrick Mullarkey of this office in and around January 2007. Proceedings were issued and served in 2008. The case was set down for hearing in early 2009 and was listed for trial during the autumn term. Ultimately negotiations proceeded between the parties and the case was settled, with the Plaintiff’s consent for a payment in the region of £112,500. The Defendant also agreed to pay the Plaintiff’s costs and to discharge, to the government, benefits paid as a consequence of the alleged negligence. Payment was made without admission of liability by the Defendant