Medical Negligence

Hospital Trust admits mother would have avoided double mastectomy had breast cancer not been missed eight months before diagnosis

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Nick Ward Lowery

Solicitor

1 min read time

A mother-of-four had to have both breasts removed after doctors missed her cancer – causing an eight-month delay in diagnosis.

Serena Russo, 54, of Worthing, West Sussex, discovered a small lump in her right breast in June 2019 and was examined at the breast clinic at Worthing Hospital.

She was told her mammogram results were normal and showed no suspicious lesions, yet as she remained concerned she returned to her GP in February 2020 and was again referred to the clinic for tests.

This time she was told a stage two tumour had been found in her right breast, which needed to be removed, and that a biopsy was also needed from her left breast, to see if the cancer had spread.

Although it had not, Mrs Russo had her left breast removed in October of this year, on the advice of consultants, as a precautionary measure.

Now, following legal action led by medical negligence specialists Hudgell Solicitors, University Hospitals Sussex NHS Foundation Trust has agreed a six-figure out-of-court damages settlement for its failings.

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‘I was denied the chance to fight cancer’

‘I was denied the chance to fight cancer’

Mrs Russo, who is originally from Italy and worked as a cleaner, was 48 when she first found the lump in her right breast. She says the whole experience around her misdiagnosis left her feeling badly led down, causing her periods of depression. She said:

The changes to my body have been traumatic for me and this was added to as I feel I wasn’t given the chance to fight my cancer due to the delayed diagnosis.

I decided against breast reconstruction surgery, as I just didn’t think I’d cope with all the extra difficultly that would bring for me and my family at this time.

I’ve suffered from really poor initial care at this clinic, but also some wonderful care and treatment from many excellent, kind doctors and nurses in more recent times since. I now just want lessons to be learned.

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Serena Russo in hospital

‘Ready to move forward’

‘Ready to move forward’

Mrs Russo says she has struggled psychologically and physically for the past four years, but with her operations and the legal case now behind her, she is looking to the future with her husband Mark and their children Gabriele 23, Matthew 21, Samuele 15 and Sasha-Rose, seven. She said:

My depression fluctuates and I would describe it as being ‘up and down’. Some days I cry, do not feel happy and do not feel energetic, but some days I feel much better.

At present, I don’t feel depressed, but I do face anxiety, and this makes at least a third of my week very difficult for me to get through. I force myself to function for the sake of my family.

Things have been put on hold by my family as a result of everything that has happened, and due to the amount of time that has passed, it feels difficult to carry on with life as normal, but I feel that I can now see light at the end of the tunnel and I am ready to close this chapter of my life and move forward.

‘Trust doctors, but research and ask questions’

‘Trust doctors, but research and ask questions’

Despite the life-changing errors made in her treatment, Mrs Russo says she wants people to ‘put their trust in doctors’ – but also ask more of them. She said:

I want lessons to be learned from what happened to me.

Sadly, my life has been changed because somebody made a mistake. There needs to be lessons learned from that. Nobody wants to make such a costly mistake, so the clinic has to learn ways to prevent this, but I also want other people to learn from my case.

The doctors who performed the operations on me were wonderful, kind and considerate, and I owe them a lot, they really looked after me well.

I’d encourage people to go to the doctors with any concerns, as soon as they have them, don’t delay. You can trust doctors, but they are only human, so don’t put it all on them, also to do your own research and ask plenty of questions.

Doctors follow guidance and procedures, but they don’t know you as well as you know yourself. I didn’t feel things were right, and sadly, I was right and the doctor was wrong.

Husband has ‘felt helpless and powerless’

Husband has ‘felt helpless and powerless’

Mrs Russo’s husband, Mark, says he is full of admiration for his wife for how she has handled the situation, and for now, sharing her story. He said:

At times over the past few years I’ve seen Serena struggle so much, from the emotional struggles to being in so much pain after her various operations, and I’ve felt so helpless and powerless. There has been nothing I have been able to do but be there for her.

The consequence of somebody not doing their job properly has been life-changing for my beloved wife, who is the kindest women I have ever met.

We came away from that initial appointment feeling reassured. Then, when we went back eight months later and were told it had been missed, it was really difficult to take. You could tell from the doctor’s face that it was going to be bad news. Serena was really upset. She was livid that such a mistake could have been made.

We look back now and wish we’d questioned that initial examination and result more, but when you hear good news, you want to grab it with both hands.

Serena is a very positive person and always wants to put difficulties and worries behind her and look forward to what is ahead. We are doing that again.

Legal case led to admissions from Trust of errors

Legal case led to admissions from Trust of errors

As part of the legal case, led by Hudgell Solicitors, University Hospitals Sussex NHS Foundation Trust admitted causing the eight-month delay in diagnosis by not identifying the cancer in June 2019.

It came after an independent expert radiologist, who reviewed the initial scans, said a cluster of calcifications was visible at the time. The Trust also admitted that, had the cancer been spotted then, treatment could have been provided which would have avoided the need for a mastectomy,

Solicitor Nick Ward-Lowery, a specialist in handling medical negligence compensation claims, said:

Obviously it is always a difficult time for any patient and their loved ones when they are faced with a diagnosis of cancer, but even more so when people are told it should have been discovered much earlier, and that the delay will impact on both the treatment they require, and their future health.

In this case, an independent expert radiologist reviewed the initial scans which were taken at the breast clinic and they were clear in their opinion that the cancer was visible at the time, and not just on reflection and in hindsight.

Had the cancer been spotted then, Mrs Russo would have had treatment which would have avoided the need for her mastectomies, which is of course has made for a very difficult period over the past four years, and will impact upon her for the rest of her life.

We were pleased to secure admissions from the Trust, and to secure substantial damages.

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Nick Ward-Lowery is Solicitor at Hudgell Solicitors specialising in Medical Negligence.
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