[2007] LTLPI 16.02.09  

The Deceased had consulted the Defendant doctor in relation to nipple discharge and pain in her breast. The Defendant made a diagnosis of eczema. A referral was made following continuation of symptoms and Paget’s disease was diagnosed 28 months later. She subsequently died from metatastic carcinoma of the breast.  

Her father and son brought a claim under the Fatal Accidents Act 1976 alleging negligence in failing to provide a correct diagnosis and earlier referral to a specialist. They accepted that but for the incident the Deceased would have undergone left mastectomy and reconstruction or reduction surgical procedures but on the balance of probabilities she would have avoided terminal cancer.  

The Defendant made a partial admission of breach of duty, confirming a referral should have been made earlier, which would have resulted in Paget’s disease being diagnosed two years prior to eventual diagnosis.

Out of court settlement: £117,500 (estimated General Damages £50,000).