Settlement for negligent management of breast cancer at East Surrey and Crawley Hospitals

Sarah* was diagnosed with carcinoma of the right breast in 2018. Under the care of the doctors at East Surrey Hospital and Crawley Hospital, she underwent a wide local excision and sentinel node biopsy two months later.

Sarah was referred to a Clinical Oncologist at East Surrey Hospital for further treatment who advised she had low risk early breast cancer and did not need chemotherapy. It was recommended that Sarah undergo radiotherapy and received endocrine therapy following her surgery.

Sarah completed radiotherapy treatment and started the endocrine therapy (Tamoxifen), but experienced side effects from the medication and was advised to stop taking it. She was not offered alternative treatment.

After completion of her breast cancer treatment in 2019, Sarah continued to attend the hospital for regular monitoring.

In January 2023, Sarah attended what she believed to be a routine hospital appointment as part of her monitoring but on arrival, was advised instead that it was a 'duty of candour' meeting.

She was told that the Trust had been investigating her former treating oncologist and that issues were identified with the earlier care she received. Sarah was advised that she should have been given an alternative endocrine treatment when she stopped Tamoxifen, that she was wrongly classified as being 'low risk' and that there was also a query over the decision not to offer her chemotherapy. 

Following the meeting, Sarah started further endocrine therapy with ovarian suppression and an aromatase inhibitor.

Sarah instructed Fieldfisher in a medical negligence claim against Surrey and Sussex Healthcare NHS Trust after learning of the mistakes in her care. Supportive medical expert evidence was obtained and an early Pre-Action Letter of Claim was sent to the Trust alleging failures in Sarah's care in 2019, namely that she should have been offered an alternative endocrine therapy when Tamoxifen was stopped and offered chemotherapy which she would have accepted. It was alleged that the failings in her care resulted in an increased chance of her cancer recurring in the future.

Sarah also developed a psychiatric injury because of the negligent care, namely a significant stress reaction in the form of an adjustment disorder that led to her feeling anxious about her health and losing trust in doctors.   

In a Pre-Action Letter of Response, the Trust admitted liability in respect of the management of Sarah's care. It admitted that there was a failure to discuss alternative endocrine therapies and adjuvant chemotherapy after her surgery. It was admitted that these failings impacted her long term survival rate.

Following quantum investigations, a settlement was secured on Sarah's behalf.

* name changed 

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