Breast Cancer Negligence: Blog from JMW Solicitors

Two breast cancer news stories have hit the headlines in the last few days. Both deal with a delay in diagnosis and treatment of the cancer, which is a common theme in clinical negligence cases.

The first, the account of Fiona Zitouni, outlines how doctors failed to detect a reoccurrence of her breast cancer to the point where the diagnosis is now terminal. At 39 years old, Mrs Zitouni's case is particularly tragic as she has 3 young children.

In essence, Mrs Zitouni, has undergone a lumpectomy and radiotherapy to treat breast cancer in 2008 and 2009. She was given the all clear and discharged. A year later she started to experience pain and went to her GP and the hospital nine times before a bone scan detected that the cancer had spread to her bones. At all attendances the pain was dismissed as muscular.

She has publicised her story to increase awareness that pain in the arm, armpit and/or breast can be a sign of cancer and for women to ensure that their concerns are not dismissed. I respect her decision to break this story to the press as hopefully this can highlight the case not only to the public but also make healthcare professionals sit up and take notice.

The second story deals with a doctor who has been suspended after he wrongly gave 61 women the all-clear for breast cancer. Consultant radiologist Dr Glenn Anthony Kelly has been formally charged with 'deficient professional performance' and was suspended by the East Lancashire Hospitals NHS Trust two years ago. He has been paid ?200,000 during his time off work.

An independent inquiry into his work at Accrington Victoria Community Hospital, published earlier this year found the number of patients affected was far higher than had originally been thought. Of the 61 women affected six women have since died, two from the disease. It is not known if their prognosis was affected by the diagnosis delays.

Although Dr Kelly was meant to have an annual appraisal, in actual fact he only had three in 18 years. In his 2005 appraisal he asked for training so he could carry out ultrasound biopsies. This request was not fulfilled.

In this age of austerity it is rather shocking that a doctor can be retained on such a high wage despite the allegations against him. However I appreciate that he requested training and this request was not fulfilled. If the Trust had taken steps to put this training in place and to ensure more regular appraisals, the misdiagnosis of cancer may have been avoided.?

Here at JMW Solicitors, we unfortunately regularly represent women who have been affected by a delay in diagnosis and/or treatment of breast cancer. We hope that this week's press coverage of these clinical negligence cases will help to alert healthcare professionals of mistakes that have been made to prevent them making the same mistakes and to encourage them to keep their training and clinical knowledge up to date.

Source: http://jmw.co.uk/blog/breast-cancer-diagnosis-in-the-news

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