I’m a thirty five year old female. Some three months ago I was concerned about my left breast and I went to a (medical) doctor, who after examining me gave me a pain-killing prescription. Recently I felt strongly that I should see a second doctor about my condition. This second doctor said that I could have breast cancer and referred me immediately to a specialist for in-depth testing saying that I’d be in a much better position healthwise if I had gone to see him earlier. He was right. I have now been diagnosed with breast cancer. I am very upset and hurt about the delay. Do I have a case against the first doctor?

Of course, doctors have a professional ‘legal’ and ‘tortious’ duty of care to their patients. It would be a very serious breach for a doctor not to have diagnosed you properly, especially if you mentioned to the doctor that you felt something was wrong with your breast. If you take the doctor to court for negligence, basically – simplistically put – you have to prove the doctor had a duty of care to you, that there was a breach of that duty, that ‘injury’ was done and that the ‘injury’ was foreseeable. Because the matter is very serious and would need an in depth investigation, I strongly recommend you see a your lawyer immediately.


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