If you or someone close to you has suffered harm because of a delayed or missed breast cancer diagnosis, Scott and his team can consider whether there is a basis to investigate a claim. As a solicitor specialising in medical negligence, I support people whose GP or hospital failed to act on red flag symptoms, did not make an urgent referral, or misinterpreted test results. These delays can have life-changing consequences – and if your care fell below the standard expected, you may have a strong claim.
Why early detection matters
Breast cancer outcomes depend heavily on timely diagnosis. If your GP did not refer you despite recognised symptoms your treatment may have been delayed and the cancer allowed to progress. Sadly, this can make the difference between less invasive treatment and more aggressive surgery, chemotherapy or radiotherapy.
What counts as a delay or missed diagnosis?
A claim may arise if:
- Your GP ignored or failed to act on recognised red flag symptoms
- You were not referred under the suspected cancer pathway when you should have been
- Imaging such as mammograms or ultrasounds was misinterpreted or not followed up
- The hospital failed to recall you for further testing or biopsy
Breach of duty and causation
To prove breach of duty, it must be shown that the clinician fell below the standard of a reasonable practitioner. Courts apply the Bolam test, refined by Bolitho, which means the actions must be supported by a responsible body of opinion and withstand logical scrutiny. Not following NICE guidance is not automatically negligent, but it is powerful evidence that the standard of care was not met.
Causation requires showing that, on the balance of probabilities, earlier referral would have led to a materially better outcome. This may include:
- Less invasive surgery (for example, lumpectomy rather than mastectomy)
- Reduced chemotherapy or radiotherapy burden
- A significantly improved chance of long-term survival
I work with leading oncology and radiology experts to evidence these points so your case is as strong as possible.
How I can help you start your claim
If you are concerned about a delayed breast cancer diagnosis:
- I can obtain your GP and hospital records.
- Scott and his team can provide an initial assessment and clear advice on your options.
- I will ensure any claim is issued within the legal time limit. Normally this is 3 years from the date of negligence or the date you first knew of it. For children the 3 years runs from their 18th birthday, and for those who lack capacity time may not run at all.
- Funding under a conditional fee agreement may be considered after assessment. Any such arrangement would need to be explained carefully in writing, including the terms, possible deductions and any remaining cost exposure.
What compensation might cover
Compensation (damages) in these cases is tailored to your circumstances. It may include:
General damages for pain, suffering and loss of amenity
- Pain from more invasive treatment
- Psychological distress, anxiety, depression or PTSD
- Loss of fertility or early menopause
- Impact on daily life and relationships
Past and future financial losses
- Loss of earnings, career disruption and lost pension contributions
- Reduced future earning capacity
Medical and rehabilitation costs
- Private oncology treatment, surgery or radiotherapy
- Reconstructive surgery and physiotherapy
- Psychological therapy or counselling
- Medication, complementary therapies and nutritional support
Care and support needs
- Professional carers, home adaptations, mobility aids
- Assistance with daily tasks or long-term disability support
Additional expenses
- Travel and accommodation linked to treatment
- Prosthetics, mastectomy bras, wigs and specialist clothing
- Fertility preservation or surrogacy-related costs where treatment causes infertility
In fatal cases
- Bereavement award (limited by law to specific family members)
- Loss of financial dependency for spouses or children
- Loss of services such as childcare or household support
- Funeral and probate expenses
I will work with medical and financial experts to ensure every aspect of your loss is recognised and valued.
Taking the next step
If you are worried that your breast cancer diagnosis was delayed, please get in touch. I will listen to your story, explain your legal options clearly, and guide you through each stage of the process.
You do not have to consider the position alone. Scott and his team can help you understand the available legal options.
Scott Harding-Lister
Specialist Clinical Negligence Solicitor
Scott Harding-Lister is a dual-qualified solicitor and registered nurse with hands-on experience in both clinical practice and legal advocacy. His unique background enables him to understand the realities of healthcare delivery and to identify when standards have fallen short. Supported by a skilled team of clinical negligence specialists and connected to leading UK medical experts, Scott offers clients clear guidance, expert case preparation, and a depth of insight that ensures every claim is built on strong medical and legal foundations.