How much wrong diagnosis of breast cancer compensation am I likely to get if I make a claim for the unnecessary removal of breast tissue?
Eoin P. Campbell, LL.B., Solicitor
Editor in Chief
The first thing to establish before claiming wrong diagnosis of breast cancer compensation is that the unnecessary removal of breast tissue was due to the negligence of a medical practitioner who “at the time and in the circumstances” incorrectly diagnosed you with breast cancer. The relevance of the condition “at the time and in the circumstances” is an important factor in compensation claims for the wrong diagnosis of breast cancer because if another “competent” medical practitioner would have also interpreted test results as indicating that you had breast cancer – “at the time and in the circumstances” – they too might have recommended the removal of breast tissue, thereby providing your medical practitioner with the argument that they did not show a lack of skill when diagnosing your condition.
Indeed, the unnecessary removal of breast tissue may not even be the fault of the medical practitioner who incorrectly diagnosed you with breast cancer, as many different technical and administrative procedures are followed in the “triple test” before a diagnosis is made. Therefore, not only is it necessary to establish that a wrong diagnosis of breast cancer claim for compensation is justified by medical negligence, but also against whom it should be made. This is something that a specialist medical negligence solicitor would investigate on your behalf, but please note that even if a medical negligence solicitor accepts your case, there is no guarantee it will be successful.
When negligence and the negligent party have been established, a medical negligence solicitor would work out how much compensation for the wrong diagnosis of breast cancer you are entitled to receive based on four primary factors – physical injury, emotional trauma, loss of amenity and special damages. Each calculation will be weighted in relation to your age and general state of health before the wrong diagnosis of breast cancer was made, with special consideration being given to the emotional trauma you have experienced, the effect that this may have had on your confidence, your ability to socialise comfortably and possibly even to find employment.
Depression after any breast surgery – whether the surgery was justified or not – is also a big factor in a compensation claim for the wrong diagnosis of breast cancer, and your solicitor will ensure that the expense of professional support and therapy is included in the wrong diagnosis of breast cancer compensation settlement. You will also be able to recover any other expenses you have incurred which are directly attributable to the misdiagnosis of breast cancer, any loss of income you have experienced sue to being unable to work and even any costs associated with making a compensation claim for the wrong diagnosis of breast cancer.
Mostly due to the emotional trauma you will have experienced, no two wrong diagnosis breast cancer compensation claims are the same – even when the negligent treatment that has been received is identical. Therefore, it would be advisable to speak directly with an experienced medical negligence solicitor at your earliest opportunity – first to establish that you have a wrong diagnosis of breast cancer claim for compensation and against whom it should be made – and secondly to assess how much compensation for the wrong diagnosis of breast cancer you should be eligible to receive.