§ PUBLISHED JUDGMENT · 2019

Dalton v Southend University Hospital NHS Foundation Trust

[2019] EWHC 832 (QB)·High Court (Queen's Bench Division)·3 April 2019

A 38-year-old woman with a hard breast lump had a mammogram and ultrasound that looked benign and was discharged without a biopsy; cancer was found in 2013. Yip J accepted that a responsible body of breast surgeons would not have biopsied on those findings.

Outcome

Claim failed

Sum stated in judgment

Not stated

Claim type

Cancer Misdiagnosis & Delayed Diagnosis

Decided

Liability decided at trial

ClaimGavel Assistant

● Online · Cancer Misdiagnosis & Delayed Diagnosis · free & confidential

FREE

Free · confidential · not legal adviceEngland

§ WHAT HAPPENED

The facts, in brief.

Defendant: Southend University Hospital NHS Foundation Trust

Injury: Breast cancer diagnosed two and a half years after a breast lump was assessed as benign without biopsy

Specialty: Breast surgery / oncology · England

§ WHAT THE COURT SAID

In the judgment’s own words.

“It follows that Miss Gray was not negligent in her management of the Claimant and the claim against the Defendant must therefore fail.”
[2019] EWHC 832 (QB) at [66] · read the full judgment

The money

Quantum had been agreed at £145,000 subject to liability; claim failed on breach of duty so nothing payable.

§ WHY IT MATTERS

What this case shows.

Triple assessment does not always require a biopsy where imaging is reassuring. A later cancer diagnosis does not by itself prove the earlier clinic decision was negligent.

About cancer misdiagnosis & delayed diagnosis claims →

§ MORE CANCER MISDIAGNOSIS & DELAYED DIAGNOSIS JUDGMENTS

Claimant succeeded

Wilma Agnes Cullen v Dr Ruth Henniker-Major

[2024] EWHC 2809 (KB)·2024·Damages assessed at trial

A GP saw Ms Cullen three times over five weeks with a persistent cough, sore throat and tiredness but did not make an urgent cancer referral; her laryngeal cancer was diagnosed at stage III about three months later. Liability was admitted, and the trial dealt with disputed care costs and the defendant's allegation that she had been fundamentally dishonest, which the judge rejected.

A delayed cancer referral claim turns on what extra treatment the delay caused; here the admitted delay meant chemotherapy, a total laryngectomy and neck dissections that earlier diagnosis would have avoided. Social media posts relied on to allege dishonesty were found not to contradict her evidence.

Claimant succeeded

Gallardo v Imperial College Healthcare NHS Trust

[2017] EWHC 3147 (QB)·2017·Liability and damages decided at trial

After surgery at Charing Cross Hospital in 2001 the patient was never told his tumour was malignant or that he needed regular CT surveillance, and the cancer recurred undetected until 2010. The court found a continuing duty to inform him of his diagnosis and follow-up needs which the Trust failed to discharge.

Hospitals must tell patients the result of their treatment and the follow-up they need; failing to communicate a cancer diagnosis and the need for monitoring is negligent.

Claimant succeeded£16,500

Muller v King's College Hospital NHS Foundation Trust

[2017] EWHC 128 (QB)·2017·Liability and damages decided at trial

A biopsy of a non-healing foot wound was reported by a histopathologist as scar tissue when it was in fact melanoma. The judge held the signs of malignancy were plain on the slides and found the Trust liable, but awarded only £16,500 because the cancer had probably already metastasised.

A misread biopsy can be negligent even though pathology involves judgement. Damages depend on what the delay actually changed, which can be modest where the disease had already spread.

All cancer misdiagnosis & delayed diagnosis judgments →

Contains information licensed under the Open Justice - Licence v2.0. Judgments from Find Case Law, The National Archives. Summaries are ours; amounts only where printed in the judgment.

This guide is general information about the law in England and Wales, not legal advice about your case. ClaimGavel is run by Costart Projects Ltd on behalf of Tomlin & Partners, a specialist medical negligence firm regulated by the SRA. The free assessment on this page is an AI overview to show you roughly where you stand; a solicitor confirms the position in a free, no-obligation conversation.