Six-figure settlement for delayed diagnosis of breast cancer claim
Tees successfully settles delayed diagnosis of breast cancer claim against Addenbrooke’s hospital in Cambridge for a six-figure sum.
In 2012 Claire Radcliffe, who was 22 at the time, discovered a breast lump. Claire, who was living in Cambridge, was referred by her GP to Addenbrooke's Hospital. Her ultrasound scan was mis-reported and a 10mm benign lump was diagnosed. She was reassured and discharged.
In April 2014, Claire noticed that she was very fatigued and that one of her nipples had become inverted. She visited her GP who again referred her to Addenbrooke’s. This time, she was diagnosed as having a 10cm invasive cancer, which had spread to her lymph nodes. Claire underwent radiotherapy, chemotherapy and a double mastectomy, with immediate reconstruction. She was also put on hormone treatment.
Delayed diagnosis of breast cancer
Had Claire been diagnosed at the time of the first scan, the doctors would have been able to treat the cancer by removing the lump. She would not have had the double mastectomy or reconstructive surgery. The cancer would not have spread to the lymph nodes and so she would not have needed such extensive chemotherapy and radiotherapy. She would have had a 95% chance of a cure. The approximately 17-month delay, however, has substantially increased her risk of recurrence.
After a four-year legal case against Addenbrooke’s brought by Tees, Claire has been awarded a six figure settlement. Because there is now a significant risk of the cancer recurring in the future, if this were to happen, Claire will be able to seek further compensation. Claire would love to have children and the settlement provides financial security for herself and her family in the future – the potential of secondary cancer and reduced life expectancy, which would leave young children without a mother, is obviously very worrying.
Important to check breasts regularly
Claire, who is now 29, lives with her long-term partner, Timothy, in Newmarket. They have recently returned from an extended ‘round-the-world’ trip. Having taken a break, Claire wants to tell her story and particularly has a message for other young women: “I was very young, just 22, when I developed cancer. It’s really important that women in their 20s realise that just because you’re young it doesn’t mean that you can’t get breast cancer.
“It’s really important to check your breasts regularly and if you find any changes at all, you need to seek help straight away – don’t leave it. You also need to trust your gut instinct. You know your own body, if you think there’s something wrong, be prepared to question and challenge the doctors.”
Janine Collier from Tees, Claire’s lawyers, said: “Claire is an extremely brave young woman, and it has been a genuine privilege to help her understand and come to terms with what happened and to achieve a fair financial settlement for the avoidable delayed diagnosis and significant consequences Claire has suffered.
“Because Claire was extremely young (just 22) at initial presentation, the Trust Protocol limited the investigations to a physical examination and an ultrasound scan. The scan was misreported as normal and so a biopsy was not performed. The Trust has apologised and has admitted that it was a mistake not to perform a biopsy and that this would have led to the cancer being diagnosed earlier.
“We are pleased that the Breast Imaging team have now reviewed and discussed Claire’s case and have taken the opportunity to learn from the error to reduce the chance of this happening again in the future.
“The NHS is clearly very stretched and overall does a fantastic job, but cases such as Claire’s highlight real opportunities for learning to improve outcomes for patients in the future.”
This case was featured on the BBC website, where you can find out more about Claire’s journey.
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Executive Partner, Medical Negligence, Cambridge office
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Legal 500 UK 2025
East Anglia
Janine Collier - one of the outstanding practitioners in the country. Not only excellent on all her own cases but ensures the standards of the whole team are extremely high.
Legal 500 UK 2025
East Anglia
Janine Collier is an excellent solicitor and runs a very dedicated and efficient team.
Legal 500 UK 2025
East Anglia
Janine Collier is exceptional for her detailed factual and legal analysis of claims, the high standard of her instructions, and her sensitive client management. Her energy is remarkable.
Legal 500 UK 2025
East Anglia
Janine Collier is an extremely able and committed lawyer; apart from her skill as a litigator and negotiator, Janine is known for going the extra mile for her clients. Janine's tenacity is evident from the excellent case outcomes she achieves; even in the most complex of cases, she is unafraid to litigate if the right settlement cannot be achieved, but her negotiating skills are such that she sees the benefits of settlement where the award is at an appropriate level as this provides certainty that does not follow litigation.
Legal 500 UK 2025
East Anglia
'Janine Collier inspired confidence and put us at ease. Janine always showed great empathy, and we felt we weren't treated simply as a case but as individuals. She was in regular contact by phone/email - even out of hours when required. She built a great team of experts for our case - and regularly questioned and challenged them. She also found us a good case manager, who found us experts who could really help us - and she negotiated an advance on our settlement to fund these.
Anonymous
Cambridge
Janine was extremely compassionate and caring about my experiences. Her words have remained dear to my heart and kept me strong throughout this process. She is a remarkable lady who truly wanted the best outcome for me. Anytime I contacted her, she always explained everything thoroughly and in detail. My queries were always resolved in her presence. She has a very good heart.
Legal 500 UK 2024
East Anglia
Janine Collier is a stand-out. She would be coveted by all top firms. An excellent leader, an excellent litigator.
Legal 500 UK 2024
East Anglia
Janine Collier has been brilliant throughout our whole process, and I have felt extremely supported and able to trust that she has my son’s best interests in mind with everything she does.
Legal 500 UK 2024
East Anglia
Janine Collier is hugely able and extremely hard-working – a perfect leader of the team as well as a fantastic litigator.
Legal 500 UK 2023
'Janine Collier has an amazing reputation and quite rightly, she very quickly spotted something that wasn’t the main focus of the case but is able to zoom out and look at everything that’s going on and spot things others wouldn’t spot. You can tell she really cares and is a very dedicated person who just wants to help. The team are all caring and efficient'
A
Cambridge
'A heartfelt thank you for all you have done in preparation for and during the settlement meeting, as well as for your unfailing support along the way, in and out of hours. It is undoubtedly due to your high professionalism if the outcome today has exceeded all expectations; it will be a huge help for us going forward and we will be forever grateful'
Chambers & Partners 2022
Cambridge
'Janine Collier is renowned for her handling of delay in diagnosis, obstetric injury and surgical negligence claims. She is at the top of her game and knows clinical negligence inside and out'
Susan Hickman
Cambridge
'We consider ourselves fortunate to have been recommended to Tees by the solicitor we initially approached. We did not realise it until the case was well established that the level of professional care we were receiving was exceptional and that the experience of the individuals and the contacts they have to assist in a very complex case was the best available. We are grateful that we received a satisfactory settlement as a result of their efforts under difficult circumstances and dealing with defendants that were obstructive and disorganised. By far the greatest benefit for us however is the fact that the victim, with assistance from highly skilled experts that we would not have known about otherwise, learned to walk short distances when all other medical opinion did not consider this possible. This was their greatest achievement which is well beyond the service we expected'
The Fisher family
Janine works with empathy, understanding and compassion. She handled our mother's inquest with skill and sensitivity and guided us expertly. She kept us informed continually via email and multiple meetings and phone calls. Janine completely took the sting and the stress out of our case.