Delayed diagnosis and treatment of recurrent breast cancer that proved fatal

Alice* was first diagnosed with breast cancer in early 2020 and underwent surgery to remove the tumour from her left breast.  Following the procedure, it was discovered that only one of the marker clips used to guide the surgeon had been recovered. Lab results also showed that the cancer had not been completely removed.

Alice underwent a second surgery and was told the cancerous tissue had now been successfully removed, even though no marker clip was found in the tissue taken out.  She went on to receive radiotherapy, but no further scans or checks were arranged.

A year later, Alice returned to hospital for a routine mammogram.  This scan showed that the missing clip was still in her breast, at the original surgery site.  However, the doctors failed to recognise that the clip was still within the breast or identify the signs of cancer that were in fact visible.  As a result, no further action was taken and, in particular, Alice was not offered a mastectomy and chemotherapy, as she should have been.

Six months following the mammogram, Alice contacted her breast cancer clinic because she had noticed changes in her breast. It felt lumpier, the skin looked thinner and she had pain under her arm. An ultrasound scan was reported as normal, but because of her symptoms, a biopsy was performed.

Just a few weeks later, Alice was told that the cancer had returned.  Further scans confirmed the cancer had spread to her liver and bones.  She was diagnosed with Stage 4 breast cancer.  

Alice and her husband and daughter contacted Jonathan to investigate the treatment she had received.  The case, built with the help of an expert oncologist, was that the failure to remove the marker clip (and note that it had been left in situ) meant that the surgeons were unaware that not all of the tumour had been removed.  They should have been far more careful in their follow up and particularly should have recognised that the mammogram showed that a clip was still present. Had this been noted, further investigation would have demonstrated residual disease.

Jonathan contacted the Trust with respect to the allegations. It took almost a year to investigate the claim although it did admit failings and apologise in its Response sent in December 2024. 

Sadly, Alice passed away just a few months after contacting Jonathan and before her claim was resolved.  Her husband and daughter continued the case on her behalf and Jonathan was able to agree settlement just six months later. 

Following the conclusion of the claim,  Alice's husband said:

"Fieldfisher were recommended to me by a personal friend and from the very first contact we found them to be professional, sincere, sensitive and understanding.

"The circumstances which led to us requiring Fieldfisher’s services were extremely unfortunate and upsetting, but Jonathan Zimmern and his team let us through a very difficult period, superbly well.

"The way Jonathan was able to explain some complex legal procedures was invaluable and always done with great sensitivity and patience.

"We were able to achieve an extremely satisfactory result with the help of Jonathan and his team and I would not hesitate to strongly recommend them to anyone in similar circumstances."

*Names changed

Contact us

For further information about cancer misdiagnosis claims or medical negligence claims, please call Jonathan Zimmern on 03304606779 or email jonathan.zimmern@fieldfisher.com.

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