Lee’s story: $400,000 settlement after delayed breast cancer diagnosis

At the time of her diagnosis, Lee was a full-time foster carer for an 18-year-old.

“Although I held a Diploma in Education Support and worked for many years in Special Education, I was a full-time foster carer for an 18-year-old youth. He had been in my care for 5 years so was part of my family.”

Her responsibilities extended far beyond typical caregiving.

“In addition to looking after a young person on a day-to-day basis, I was responsible for attending all appointments for him, which included several doctors, care plan meetings involving various professionals who were also invested in his care. Teaching him personal hygiene, supporting him at school and social activities, also played a part.”

Lee lived an active, fulfilling life.

“As well as everyday duties for my YP [young person] I would swim most days in our estuary with a large group of lovely women. I was involved in our local choir, and played trivia once a week.”

When Lee discovered the bulge and immediately sought medical attention, the severity became apparent quickly.

“When I saw the doctor, she assessed my breast. She then asked if she could call a surgeon that she knew.”

What followed was a series of tests that revealed the true extent of the situation.

“After having some new scans I went back to see my specialist. He explained what the scans were showing, and then he did a physical examination. It was then that he realised that the mass was a lot bigger than what the scans showed. He arranged for an MRI and after that a PET scan, which showed that I had Invasive Lobular Carcinoma. It was in my lymph nodes under my arm as well as the nodes across my clavicle.”

The diagnosis revealed a 21-month delay between Lee’s initial screening and the correct diagnosis. During that time, the cancer had progressed significantly, spreading to her lymph nodes and requiring far more aggressive treatment than early detection would have.

Lee’s recovery journey was prolonged and challenging. Following chemotherapy came major surgery, an eight-hour procedure.

“I was cut from my breast bone to the back of my arm. Six weeks of no driving and no raising my arms higher than my waist. This made day-to-day chores quite difficult.”

The challenges continued with radiation treatment.

“I had 28 treatments over six weeks. This was so tiring, and my skin was red and sore to the touch. I literally was lathered in cream and only wore loose-fitting t-shirts.”

The timing couldn’t have been worse, with COVID-19 adding another layer of complexity.

“I was terribly impacted by Covid as the hospital where I received treatment was just on the QLD border and I had to battle border closures every day.”

The treatment extended further with endocrine therapy that Lee describes as having ongoing effects.

“After healing time, I started endocrine treatment, which came with side effects, some of which I’m still battling. I will need to have this treatment for the rest of my life.”

Twelve months later, Lee underwent another four-hour surgery to reduce the other breast, completing a journey of medical intervention that fundamentally changed her life.

The delayed diagnosis and resulting extensive treatment have left Lee with permanent health challenges.

“The long-term consequences of my injury include peripheral neuropathy in my feet, legs and fingertips, resulting in no knee and ankle reflexes. Diabetes, carpal tunnel, tiredness, muscle and joint pain, recurring skin cancers, pain from internal scarring, and memory loss. Some of these symptoms are from the endocrine treatment. My thyroid was removed.”

These ongoing complications serve as a daily reminder of what could have been prevented with timely diagnosis and appropriate medical care.

Lee’s decision to pursue legal action was driven by a clear understanding that the delayed diagnosis had significant consequences.

“I decided to seek legal representation because I believe that I had been misdiagnosed and that the difference in time factor made, unfortunately, a big difference to the treatment I had to go through. It also put me into a higher risk category for the cancer to return. I also didn’t want this to happen to anyone else.”

Her initial experience with legal representation was disappointing.

“Originally, I saw a much smaller legal firm that was closer in distance to where I live. After a couple of years they decided not to pursue it further; they didn’t seem to have an understanding of my case. I had put a lot of research into [my case] so I truly believed in the injustice.”

This setback was devastating, but it didn’t deter Lee from seeking justice.

“I then decided to call in the ‘big guns’ and I contacted Gerard Malouf & Partners. From the moment I called GMP, I gave them as much information as I could about my case, and I found that they also believed there had been a misjustice.”

Partner, Ray Abbas, who heads the GMP Law medical negligence team, explains the complexity of Lee’s case.

“The central liability issue was whether earlier diagnosis and treatment would have changed the severity of her cancer and reduced the extent of chemotherapy treatment that was required after diagnosis. We faced significant challenges from expert evidence provided by the defendant that suggested the outcome and treatment would have been the same regardless of when the diagnosis was made.”

The team faced substantial hurdles in proving causation. They needed to show that the 21-month delay directly led to Lee requiring more extensive treatment and having a poorer prognosis. Ray reflects on this.

“We retained expert reports from both a GP and an oncologist. The GP was retained to comment on the standard of care expected when patients present with similar complaints. The oncologist provided crucial evidence about how the delay in diagnosis affected the progression of Lee’s cancer and the resulting treatment requirements.”

Lee’s reaction to the settlement outcome was one of profound relief and gratitude.

“It has finally given me closure on a part of my life that been very difficult to go through, not just for me but my whole family, including friends. It is allowing me to move forward, set some new adventures that I’d like to achieve.”

The successful resolution provided not just financial compensation but validation of Lee’s belief that she had been failed by the medical system.

“I think the most challenging time was trying to adjust to my new life while trying to navigate through the ups and downs of my case. GMP took the worry from me. Finding that resolution was an amazing weight being lifted of my shoulders. Finding that new beginning.”

Her advice to others facing similar situations is encouraging.

“That there would be many ups and downs but to believe in your team, it’s definitely worth the waiting for. The feeling of closure makes it all worthwhile.”

Lee’s perspective on the legal system has also been transformed through her experience.

“There are great law firms willing to fight your battle and to treat you with respect and dignity through out the process, not treating you as just a number.”

Lee concludes with heartfelt gratitude.

“Thank you to GMP, thank you to my team at GMP, including every person that I had contact with. Thank you for changing my life moving forward.”

This case demonstrates GMP Law’s commitment to holding medical professionals accountable when their failures cause life-changing harm to patients.

If you believe you have a medical negligence or doctor malpractice claim, reach out to GMP Law. Our team of lawyers will help you maximise your claim in the minimal time possible.