If a doctor didn’t send you for a mammogram assessment, they might have missed your breast cancer. Patients are given mammogram screenings to detect breast cancer as early as possible. If a patient is not offered a mammogram screening, doctors may fail to diagnose and treat their breast cancer promptly.
Breast cancer can become more difficult to treat over time. If your doctor delayed the diagnosis and treatment of your cancer through their failure to refer you for this test, you might have suffered necessarily. You could be entitled to claim medical negligence compensation for the avoidable harm caused.
Please get in touch with our team to see if you can claim compensation for a delayed breast cancer diagnosis. If they feel you are entitled to compensation, one of our advisors could appoint a clinical negligence lawyer from our panel to handle your compensation claim.
To get in touch:
- Call our helpline on 0161 696 9685
- Contact us online to request a callback
- You can ask us a question using the Live Support widget below
Select A Section
- A Guide On Claims For Mammogram Screening Negligence
- Do Doctors Have To Refer People For Mammogram Assessments?
- What Are The Implications Of Delayed Mammogram Assessments?
- Time Limits To Claim After A Doctor Didn’t Send Me For A Mammogram Assessment?
- How Much Could You Claim For Delayed Mammogram Screening?
- Speak To Our Team If A Doctor Didn’t Send You For A Mammogram Assessment
Mammograms are routine screenings for breast cancer. Females registered with a GP and aged 50 – 71 are invited to attend a mammogram every three years. Mammograms are X-rays, which are carried out by technicians called mammographers. As well as x-raying the breasts, the mammographer will ask the patient if she has had any breast cancer problems.
The purpose of a mammogram is to detect cancer early so that if found, cancer can be treated at an early stage. Other diagnostic tests for breast cancer include ultrasounds or biopsies.
In order to claim compensation for the harm caused by a missed mammogram, it must have been caused by medical negligence. Medical negligence is where a breach of duty of care on the part of a medical professional has caused you harm that would have been avoided if the right level of care was provided.
All medical professionals have a duty of care to their patients. This means that they need to provide a minimum standard of care. If the standard falls below this level, and harm occurs as a result, you could be entitled to claim.
Breast screenings are carried out once every three years. Normally GPs will invite eligible patients for breast screenings. However, patients can contact a breast screening clinic if they miss an appointment or if they are not invited to a breast cancer screening.
You could be entitled to claim compensation for the harm caused by a failure to refer. A GP negligence claim could be appropriate in the following circumstances:
- Your doctor fails to make a referral for a mammogram despite you coming in with clear signs of breast cancer. As a result, the treatment you need is more intensive.
- A referral is made, but because of an administration error at the surgery, you are not sent a letter informing you of this.
Breast Cancer And Screening Statistics
- There were, on average, 55,920 new cases of breast cancer a year from 2016 to 2018.
- Moreover, breast cancer was the cause of 11,499 deaths from 2016 to 2018.
- In England, 76% of patients with breast cancer survived the disease by 10 or more years from 2013 to 2017.
- An estimated 23% of breast cancer cases were preventable in 2015.
The purpose of a mammogram is to check for early signs of breast cancer, which are not yet visible. Early detection of breast cancer can mean that the cancer may not have spread, meaning that you may not need as aggressive a form of treatment as you otherwise would have. Breast cancer can spread to the bones, liver, lungs and brain.
In turn, this can mean that you have a higher chance of survival. According to the cancer statistics mentioned above, 98% of people who received a diagnosis at the earliest stage of the disease survive for 5 or more years, compared with 26% of people who received a diagnosis at a later stage.
What Can Happen If Your Doctor Didn’t Send You For A Mammogram Assessment?
If a doctor fails to refer a patient for routine breast cancer screening, the early signs of breast cancer may be missed. The longer breast cancer is left untreated, the more advanced it can become.
Not all instances of your doctor failing to send you for a mammogram assessment will be grounds for medical negligence claims. For example:
- Men can still develop breast cancer. However, you may not be invited for a routine assessment if you are a man.
- You may go to your doctor with concerns, but the symptoms you’re exhibiting are not typical of cancer, meaning it’s within their duty of care not to refer you.
Please contact Advice.co.uk to see if you can claim compensation for medical negligence that has had an avoidable impact on your health. If so, you could be connected with a lawyer from our panel.
The time limit to begin a medical negligence claim is normally three years under the Limitation Act 1980. The time limit can begin when medical negligence occurred or from when you become aware that you were harmed by a breach of duty.
However, there are exceptions to this rule, so please call our helpline to see if you can still claim if your doctor didn’t send you for a mammogram assessment as a result of negligence.
When Can You Make A Breast Cancer Negligence Claim?
Your claim must meet the following criteria for you to receive compensation:
- Firstly, your doctor owed you a duty of care.
- Secondly, your doctor breached their duty of care.
- Finally, the medical negligence that happened injured you, made you ill or caused your pre-existing condition to worsen.
Legal professionals can use medical records and other evidence to prove medical negligence took place. Please get in touch with our team, and an advisor can assess your case to see if you can make a medical malpractice claim.
If your delayed mammogram screening medical negligence claim succeeds, you can receive up to two heads of claim. The first head of claim is a general damage payment, compensating you for the pain and suffering caused by your physical and psychological injuries. The second head of claim is special damages, which is compensation for costs your injuries caused you to incur.
Special damages payouts can include:
- Medical costs
- Travel expenses
- Care expenses
- Reimbursement for loss of earnings
My Doctor Didn’t Send Me For A Mammogram Assessment; What Can I Claim?
We have included the table below that you can use to see how much general damage compensation you can receive. The compensation brackets in the table use the 16th edition of the guidelines from the Judicial College. However, these figures are not guaranteed.
|Brain damage- Moderately severe||Very seriously disabled. Substantially dependent on others.||£219,070 to £282,010|
|Brain damage- Moderate (i)||Moderate to severe intellectual impact. Change in personality.||£150,110 to £219,070|
|Lung Disease||Young person with serious disability and premature death.||£100,670 to £135,920|
|Lung Disease||Lung cancer causing pain and impaired function in someone who is older.||£70,030 to £97,330|
|Psychiatric Harm - Severe||Severe injuries which cause significant impact to the person. They can not cope with life as they did before the injury.||£54,830 to £115,730|
|Psychiatric Harm - Moderate||The claimants mental state will have significantly improved.||£5,860 to £19,070|
|Reactive Psychiatric Disorder - Severe||A psychiatric disorder impacting all parts of this person’s life.||£59,860 to £100,670|
|Reactive Psychiatric Disorder - Moderately Severe||Psychiatric damage leading to significant disabilities. The affected person could make some degree of recovery.||£23,150 to £59.860|
|Scarring to other parts of the body||There could be a single disfiguring scar on the chest, or several noticeable scars.||£7,830 to £22,730|
|Scarring to other parts of the body||Either several scars which are superficial or a single one which is more noticeable.||£2,370 to £7,830|
Many factors will determine how much compensation a claimant receives for their injuries; for example, we have not included special damages in the table. Please call our helpline for a personalised estimate of the value of your claim after your doctor didn’t send you for a mammogram assessment.
If you choose to work with a lawyer from our panel, you could do so under a No Win No Fee agreement. Specifically, you might be offered a kind of No Win No Fee agreement called a Conditional Fee Agreement.
With this in place, you will pay a success fee if you win your claim. You will not usually pay your lawyer for their services if you do not receive compensation. Furthermore, you won’t generally pay your lawyer upfront or as the claim progresses.
To see if you can make a claim for breast cancer clinical negligence with a No Win No Fee lawyer, please get in touch today.
You can get in touch using the details below:
- Dial 0161 696 9685 to speak with a claims advisor
- Contact us in writing via our website
- Alternatively, use the web chat service to ask for advice
Related Medical Negligence Articles
These articles may be helpful if you want to know more about making a medical malpractice claim.
An NHS guide to the symptoms of breast cancer
Cancer Research UK information on immunotherapy
Cancer Research UK guide mammograms for breast screening
If your doctor didn’t send you for a mammogram assessment, please get in touch with us today to see if you are eligible to claim compensation.
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