A routine mammogram showing an abnormality led to Ms S having a biopsy at Doncaster Royal Infirmary.  Malignant cells were found in the biopsy and Ms S was advised that she would need to have surgery, to which she agreed.  The day before the operation she attended the hospital to have a guide wire inserted into her breast to show where the removal should take place.

The operation took place at the Bassetlaw Hospital the following day and Ms S was told that the offending area had been removed and sent for analysis.  Unfortunately Ms S felt quite unwell after the operation and was given antibiotics and other medicines by her GP.

Wrong tissue removed in negligent breast surgery

At a meeting with her consultant a few days later, Ms S thought she would get the results of the operation and discuss prognosis and treatment.  Unfortunately, however, she was told the results were not available and she had to wait.  Of course she was upset and disappointed but accepted the consultant’s explanation.

At a further meeting at the hospital’s breast clinic a few days later, Ms S’s results were still not available.  She continued to feel unwell and was in pain around her breast.

A week later, Ms S attended a meeting with the consultant who told her that she would have to have another operation (because the wrong area of breast had been removed).  She was devastated but agreed.  The wire insertion was excruciating on this occasion.  Ms S assumed it was because she had only had the surgery 3 weeks ago, but it was later found (when her treatment was being investigated) that the first wire had not been properly removed and part of it remained in her breast.

Second breast cancer operation

After the second operation, Ms S stayed in hospital overnight – an unpleasant experience as Ms S felt the nurses were dismissive of her and, even though she was in severe pain,  she had to wait a long time for pain killers.  The following morning Ms S was told that her wound was infected and she would need IV antibiotics urgently.  She had to wait until 10pm for those and was very anxious that her condition was getting worse.

At an appointment at the breast clinic a few days later, no results were available and Ms S was told that the wound was still infected and she needed to continue with the antibiotics.  When she attended the hospital a few days later, Ms S was told that she would need a further operation – but was not told why !  She was devastated and felt very low and weepy.

Around a week later Ms S had a further consulation at the hospital where cancer treatment, including drug therapy and radiotherapy was discussed, but Ms S could not bear to undergo any further surgery at that time so refused them and asked to be monitored.

Nikki pursues hospital for compensation

Whilst Ms S is now happy with the on going assessments and treatment she is receiving, she was very unhappy with the way she was treated in the first place and contacted Graysons to see if she could get any redress from the hospital.  Nikki took up her case and contacted the hospital trust claiming that its treatment had been negligent as it had:

• not removed the tip of the guidewire in the first operation, leaving it in Ms S’s breast; did  not then properly interpret xrays showing the wire still in place; did not report its presence in a mammogram 3 weeks later and did not inform Ms S about the retained wire at any time
• not removed the tissue surrounding the wire nor the cancerous tissue
• not carried out a mammogram during or after the first surgery
• not properly carried out the second wire insertion
• not removed the cancerous tissue during the second surgery and did not carry out a mammogram at that time

Nikki obtained medical evidence which confirmed that Ms S had not received a reasonable standard of treatment and had she received such, the cancerous cells would have been removed after the first operation.  The second surgery, which was more unpleasant and invasive, would not have been necessary had this first procedure been carried out properly.  It was also alleged that the second surgery did not remove all of the cancerous tissue and so Ms S has an increased risk of developing further breast cancer.

As well as physical pain and suffering, Ms S suffered significantly psychologically.

The hospital trust denied liability throughout the claim despite medical evidence from a radiologist and breast surgeon that the placement of the initial guidewire was negligent.  Nikki had to issue court proceedings but was eventually able to negotiate a settlement of £10,000 before the case went to court and Ms S was delighted with the outcome.

For more information about breast cancer please visit the Breast Cancer Care website.

You can find out more about making a compensation claim for medical negligence on our web pages.