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Oakwood Solicitors

Breast Cancer

Have you been misdiagnosed
by a medical professional?

  • Over 24 years of combined experience
  • No-Win, No-Fee
  • No upfront cost or hidden charges
  • Straight-talking and friendly advisors
  • Free consultation and claim assessment
  • Support and advice whenever you need it

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Testimonials

Kind and compassionate.

Sara was very kind and compassionate towards me, she really understood the pain I'm going through during this difficult time of my life. And for that I thank you.

- Scott Reid

Explained everything and stayed in touch.

Oakwood have explained everything regarding my medical negligence claim. They have stayed in touch, returned calls and taken my information in detail and anything I have remembered after the fact they have also taken that down in detail too.

- Phil Mc.

Top class service.

Absolutely top class service with my late mother’s hospital negligence claim. Professional sympathetic staff who so far have kept me in the picture and continued to update me from day one. Highly recommended!

- Lisa Chambers

Polite and caring.

Joseph the solicitor who spoke with me, was very polite, caring and actually listened to me which is rare for a solicitor to do. He explained everything to me so that I could understand him.

- Karen Bemrose

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The Experts in Breast Cancer Claims

Oakwood Solicitors Ltd’s specialist Medical Negligence department has an in-house team of solicitors and legal professionals dedicated solely to this area of law.

With over 24 years of combined experience, we are dedicated to assisting clients who have suffered physically, mentally, and financially as a result of negligent medical treatment. The specialist team pursues an array of medical negligence claims ranging from prescription errors and misdiagnosis to complex birthing injury and spinal claims and everything else in between.

How do I make a claim?

Immediate diagnosis and treatment of breast cancer is paramount to the success of the treatment. Early intervention can result in complete resolution of symptoms. however, delays can be devastating. The longer you have been deprived of treatment, the more likely the cancer could spread and more invasive procedures/treatment will be required.

If you consider that there was a delay in diagnosis or implementing treatment,  you may be eligible to bring about a claim for compensation. Our specialist team are on hand to discuss your treatment with you and advise further as to what your choices are. Our team will be able to give you free advice on the prospects of your case and whether you would be eligible to make a claim.

You have three years to bring about a claim of this nature. This time period runs from either the date the negligence occurred, or the date you ought to have been aware that negligence may have occurred. Do not delay! Get in touch as soon as possible.

What can I claim for?

There are two forms of compensation that Oakwood Solicitors Ltd will pursue on your behalf:

General Damages icon

General Damages – this is a claim for compensation for the pain and suffering you have endured, and that you are likely to endure moving forward. There will, if appropriate, be a claim for compensation for any psychological effects the negligence has had upon you.

Special Damages Icon

Special Damages – this is a claim for all out-of-pocket expenses you have suffered as a result of the negligence. This may include such things as loss of earnings, cost of medication and treatments (both past and in the future), the cost of aids or adaptations to the home, childcare costs, care costs for yourself and much more. This list is not exhaustive and is very case-specific.

How much is my claim worth?

The amount of damages awarded is very case specific and is dependent upon the extent of pain and suffering and the expenses incurred.

Typical examples of claims involving breast cancer have settled as follows:

  • £121,000 circa for a fifteen-month delay in diagnosing breast cancer. The claimant, in this case, underwent a mastectomy, axillary node clearance and radiotherapy. She also suffered from lymphedema.
  • £160,000 circa for an eighteen-month delay in diagnosing breast cancer. The claimant, in this case, underwent chemotherapy and radiotherapy and suffered from a severe psychological injury. The claimant’s life expectancy was reduced by twelve years.

If you consider that you have suffered as a result of negligence, speak to one of our specialist team members who will be able to advise further regards to the likely value of your claim.

Who can bring about a claim?

The victim of the alleged negligence can bring about a claim for both general and special damages as listed above.

It can sadly be the case that the victim of the negligence has passed away. In such circumstances, the executor of the estate or the surviving dependents can bring about a claim on behalf of the deceased loved one.

We have a wealth of experience in handling claims of this nature, and our compassionate and professional team will be able to talk you through every stage of the claims process.

How long will my case take to run?

Clinical negligence cases can take over eighteen months to run, as we have to obtain copies of your GP and medical records before obtaining a report from an independent medical professional. We will provide you with regular updates on the progress of your case to ensure that you are kept up to speed.

Why use Oakwood Solicitors Ltd to make your clinical negligence case?

We have a dedicated team of solicitors and paralegals who have many years’ experience between them in running cases of this nature. They are highly trained to deal with all aspects of clinical negligence.

We want to ensure that clients are not overwhelmed by legal jargon, medical terms that they don’t understand and to allow the claims procedure to be as transparent as possible.

How is my case funded?

The majority of clinical negligence cases are funded by a Conditional Fee Agreement (CFA), more commonly known as a ‘no-win, no-fee’ agreement. This means that there will be nothing to pay upfront and nothing to pay if the claim has been lost. If you are successful in your claim, a deduction of 25% of damages will be taken to cover the success fee and the shortfall in legal fees.

It may also be the case that an After The Event (ATE) insurance policy will be obtained to cover the costs of expensive medical reports and investigations. If an ATE insurance policy has to be obtained the cost of the same will be discussed with you at the appropriate point. The cost of the ATE insurance policy is again taken from your damages and only payable if you are successful with your claim.

About Breast Cancer

What is breast cancer?

Breast Cancer GraphicsBreast Cancer Graphics

What are the symptoms?

The first possible sign of cancer is a lump on the breast area or in the armpit. Most lumps are not cancerous, but it is always advisable to not take any chances and get it checked out.

The things to check are:

  • A new lump/thickened tissues that was/were not there previously.
  • Changes in size – one or both breasts.
  • Change in the appearance of the nipple.
  • Rash around the nipple.
  • Bloody discharge – from the nipples.
  • Lumps or swellings in the armpits.
  • Dimpling of the skin on your breasts.

What are the causes?

It is impossible to say why breast cancer commences in a person, but there are certain risk factors:

  • Age – there is more of a chance as you get older to get breast cancer
  • Genetics – a close relative such as mother or sister who has had the disease often increases the risk for other family members. The key markers of BRAC1 and BRAC2 can we used to detect the risk
  • Ethnicity – white women are at more risk
  • Thick breast tissue – more glandular tissue can increase the risk
  • Oestrogen – an increase can increase the growth of breast tissue
  • Menstruation – starting the menopause later in life
  • Alcohol and smoking
  • Inactivity
  • Overweight

Women who breastfeed can lower their risk of developing cancer.

Diagnosis and Treatments for Breast Cancer

How to diagnose breast cancer

Checks should be made regularly, and if any changes are noticed then you should seek immediate treatment from a GP to check these out.

What are the stages of diagnosis?

  • Visit the GP – The GP will feel the breast and the surrounding areas to check whether your suspicions are correct. They may then decide to send you for further tests or advise accordingly.
  • Referral to the hospital – to have a mammogram or ultrasound. The tests will then be able to see whether the lump is solid or liquid. If cancer is suspected or the GP is concerned, then this referral should be on an urgent two-week wait referral.
  • Biopsy – a small part of the lump is removed and then sent to a laboratory for tests. Cancerous cells will then be identified.
  • CT/MRI Scan – once the cancer has been diagnosed, a scan is then needed to see how far the cancer has spread.

What are the stages of cancer?

There are four stages of cancer, and dependent upon when the cancer is diagnosed determines the treatment required and the success rate of such treatment. Ie – stage 4 is terminal and has probably spread to other organs of the body. Treatment is unlikely to assist other than for therapeutic reasons.

Cancer is staged using a three-stage TNM process. TNM stands for ‘Tumour, Node and Metastases’, which is a standard used to describe breast cancer stages:

  • T = the size of the tumour.
  • N = whether the cancer has spread to the lymph nodes.
  • M = whether the cancer has spread to other parts of the body.

What are the different kinds of treatments?

There are a variety of treatments available, which will depend on the stage and grade of the cancer, health and menopause.

  • Surgery – a mastectomy will be done to remove the breast tissue. This may then be followed by reconstructive surgery. Chemotherapy or radiotherapy will then be done to prevent any further cells from coming back.
  • Drug treatment – tamoxifen, anastrozole and raloxifen are the most effective for women who are at high risk of developing breast cancer. They do have side effects such as hot flushes, nausea, leg cramps and tiredness.
  • Chemotherapy – courses can be used to kill the cancer cells.
  • Radiotherapy – courses can be used to kill the cancer cells.
  • Biological Therapy – these therapies target certain factors to stop the growth of cancer. Examples of these are Trastuzumab which is a new therapy and at present can have side effects affecting the heart.

Charities and Useful Websites

What should you do if you think you have a claim?

If you believe or feel you have a claim, contact us for a free initial consultation regarding your options.

carol cook

Carol Cook — Head of Department

Carol joined Oakwood Solicitors in May 2017 to lead the Medical Negligence department. She handles a wide range of Clinical and Dental Negligence claims and has a specialist interest in Birth Injuries. Carol has years of experience in handling complex clinical and Dental Negligence claims securing substantial amounts of damages for her clients. Carol studied her law degree (LLB honours) at Salford University.

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