Wrong-Site Breast Cancer Surgery

In 2001 when she was 38 years old, Jenny was diagnosed with a benign breast disease. A cyst, known medically as a ‘benign phylloid tumour’, was excised from underneath her right nipple. After the procedure she continued to attend the Breast Clinic for annual check-ups for a period of five years.

It was during her last check-up in May 2006 that she told the doctor of a lump under her right arm on her right breast, which had been there for the past six months. Upon examination Jenny was advised it was just a cyst, and was told no further appointments at the clinic were necessary.

A year later in May 2007 Jenny became concerned the lump had now doubled in size and attended her GP surgery. She was referred to hospital as an emergency, and throughout June she underwent a series of tests. After a fine needle aspiration (FNA), ultrasound, mammogram and core biopsy she was unfortunately diagnosed with breast cancer.

A lumpectomy was recommended, and the procedure was performed on 12th July. However, after recovering from the anaesthetic Jenny was surprised to see that the scar was at the side of her breast near the nipple, when in fact the site of the cancer was under her armpit.

Two weeks later she had a meeting with her consultant, who informed Jenny that he had in fact operated in the wrong place. The affected area has not been marked out pre-operatively, and as a result the cancer was still present. A day later, on 26th July, Jenny underwent surgery for the second time. This time the lump was successfully removed from under her armpit, and she went on to complete six cycles of chemotherapy. She is now clear of the disease.

Jenny felt that the standard of care she received fell below an acceptable standard, and she contacted Glynns to discuss her case. We instructed a specialist to prepare a report, which concluded that there was a failure to properly mark the site of cancer before the operation was carried out. This in turn resulted in wrong-site surgery, and an unnecessary second procedure had to be performed. We helped Jenny file a claim for personal injuries, and she was awarded £5,000.

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