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Learning that your breast cancer care may not have met the required standard can be extremely distressing, particularly if you underwent surgery or have only recently learned that your care should have been handled differently.

University Hospital of North Durham and Darlington Memorial Hospital are part of County Durham and Darlington NHS Foundation Trust. The Trust has publicly acknowledged serious failings within its breast surgery service and is reviewing the care provided to former patients.

If mistakes in your breast cancer diagnosis or treatment caused avoidable harm, you may be entitled to make a medical negligence claim. However, the existence of the review does not mean that every patient received negligent care. Each potential claim must be assessed individually.

What did the breast surgery reviews find?

The Trust began reviewing its breast services after concerns were raised through external clinical reviews and a patient safety incident. A Royal College of Surgeons review was followed by an independent external review of governance within the breast surgery service, covering events between 2012 and 2025.

The independent report identified problems with clinical oversight, diagnostic resources and compliance with national guidance. Its findings included concerns about:

1. delayed or missed breast cancer diagnoses
2. unnecessary mastectomies and axillary clearance procedures
3. surgery on benign breast conditions where an operation was not clinically indicated
4. more extensive or repeat surgery arising from diagnostic shortcomings
5. outdated practices and inconsistent multidisciplinary decision-making
6. shortcomings in imaging equipment and diagnostic pathways

The report examined one-stop breast clinics at Darlington Memorial Hospital and University Hospital of North Durham, as well as other Trust and outsourced arrangements. The Trust has apologised to affected patients and families.

The Trust says it has since redesigned the service. Current patients should continue attending appointments and raise new symptoms promptly with their GP or clinical team.

When could breast cancer care lead to a claim?

A poor experience or unexpected outcome does not necessarily amount to medical negligence. A claim may be possible where care fell below a reasonable professional standard and this caused avoidable harm.

Potential claims could involve:

• a mammogram, ultrasound or biopsy being wrongly interpreted or inadequately performed, or an unreasonable delay in investigating symptoms
• an unnecessary mastectomy, removal of lymph nodes or operation on a benign condition
• surgery that was more extensive than the patient’s condition required
• avoidable repeat surgery or decisions made without appropriate specialist input
• a failure to explain reasonable alternatives or the material risks of treatment
• results, complications or possible recurrence not being addressed promptly

Independent evidence will usually be needed to determine whether appropriate care would probably have produced a better outcome.

Does a letter from the Trust mean I have a claim?

Not necessarily. A letter or apology may provide evidence, but a claim still requires proof that negligent care caused harm. Equally, not receiving a letter does not prevent you from seeking advice. You do not have to wait for the Trust to review your case.

What must be proved in a breast cancer claim?

Two central matters normally have to be established:

1. Breach of duty: The care fell below the standard reasonably expected of the relevant healthcare professional at the time.
2. Causation: That failure caused avoidable harm. For example, competent care would probably have avoided a mastectomy, reduced the extent of surgery or prevented additional treatment.

A solicitor may obtain the records and instruct independent experts in breast surgery, radiology, pathology or oncology to assess the care provided.

What compensation could be recovered?

Compensation is based on the consequences of the negligence.

Depending on the case, it may cover:

• Pain & suffering,
• Loss of earnings
• Future support needs

Where negligent care contributed to a death, certain relatives or the patient’s estate may be able to pursue a claim.

Can I complain to the Trust?

Yes. The Trust’s breast services support number is 0191 333 2126 and its email address is cddft.breastservices@nhs.uk. A complaint may help you obtain an explanation.

However, a complaint and a compensation claim are separate. Making a complaint does not usually stop the legal time limit from running.

How long do I have to make a claim?

In most cases, court proceedings must be started within three years of the negligent treatment or the relevant date of knowledge.

For some patients, the relevant date may be when concerns first emerged through a later diagnosis, second opinion or contact from the Trust. Different rules apply to children, people who lack the mental capacity to conduct proceedings and claims involving a death.

Learn more about the limitation period at: How long do I have to make a medical negligence claim?

Speak to a clinical negligence solicitor about claims involving University Hospital of North Durham and Darlington Memorial Hospital

Askews Solicitors is based in Teesside and assists patients and families across County Durham and Darlington with medical negligence claims.

Our team can listen to what happened, consider the available information and advise whether your concerns should be investigated.

We offer free, confidential and no-obligation initial consultations. Where appropriate, we can usually handle medical negligence claims under a No Win No Fee agreement.

Contact Us to arrange an initial discussion or visit Medical Negligence Claims to learn more about our services.

This content is for informational purposes and is not intended as advice of any kind.