Our client initially underwent breast imaging after discovering a lump in her left breast. Two fibroadenomas were identified, and it was agreed that only the larger lump would be removed for histological examination. On the day of surgery, a different clinician marked the positions of both lumps, and our client confirmed that only the larger fibroadenoma should be excised. The procedure, however, was carried out by another surgeon, and when the bandages were removed, our client discovered a scar in the location of the smaller fibroadenoma. The larger lump remained untouched.

Subsequent review confirmed that no fibroadenoma had been removed during surgery and that healthy breast tissue had been excised instead. A follow-up scan showed both fibroadenomas still present. As a result, our client had undergone an entirely unnecessary operation and was left with avoidable scarring, pain and ongoing anxiety about the nature of the lump still requiring removal. She would need to undergo a second lumpectomy once medically appropriate following her pregnancy.

The claim alleged that the Trust failed to ensure the correct lesion was identified and removed, failed to perform the intended procedure, inadequately supervised the operating clinician, and failed to consider non-invasive alternatives such as ultrasound-guided core biopsy. Liability was not admitted.

Despite this, a successful out-of-court settlement was secured, recognising our client’s pain and suffering and the avoidable consequences of the negligent procedure.