Woman sues after breast removal error

The case is being heard in the High Court

A 31-year-old woman who had a healthy breast removed at a NHS hospital has launched an action for damages.

Anita Froggatt was wrongly diagnosed with breast cancer by doctors at Chesterfield and North Derbyshire Royal Hospital NHS Trust in 1999.

Staff only discovered the error after Ms Froggatt's right breast had been removed.

It asks for the court to get into the female psyche as to exactly what this personal mutilation amounted to

Christopher Gardner QC

The trust has accepted liability but disputes the amount of damages.

Mrs Froggatt was referred to the hospital by her GP after reporting a non-tender lump in her right breast.

She underwent an excision biopsy and was told she had a grade three invasive carcinoma.

An inquiry later concluded that a consultant had reported on the wrong slide.

Agony

Counsel said that Mrs Froggatt, who was newly married and had a 10-year-old son by a previous relationship, went through the "agonies" of being told she had cancer.

She immediately thought she was going to die and contemplated suicide.

She was advised that her best chance was a mastectomy and she underwent the removal of her breast and lymph nodes.

It was only when she was referred for high-dose chemotherapy to treat her "lively and aggressive" cancer that it was discovered that she didn't have the disease and never had.

Ms Froggat's counsel, Christopher Gardner QC, told the High Court his client had been the victim of "almost unimaginable psychological trauma".

He said the removal of the healthy breast had an enormous effect on her feelings of femininity and self worth.

Mr Gardner said his client was "confused and upset, angry and distraught".

She felt that the mastectomy made her look like a freak, he said.

"It asks for the court to get into the female psyche as to exactly what this personal mutilation amounted to - and still amounts to - as far as she is concerned," Mr Gardner said.

Scarring

Mrs Froggatt was left with one breast significantly lower than the other, scarring and the lack of a nipple after reconstructive surgery.

"She is unhappy with the result and doesn't like even her husband to see it," Mr Gardner said.

He said his client felt like she had "a piece of wood strapped to her".

Her barrister said she was unable to work or lift heavy objects, twist, bend or stretch and could not decorate, garden or walk her dog.

Her anxiety about her body image had affected her libido and led to her dieting to a "dysfunctional level".

Mr Gardner said that it was the second such incident of wrong diagnosis at the hospital within a year and resulted in the consultant concerned being recommended to undertake a period of supervised training elsewhere to ensure he conformed with recognised national standards.

Mr Gardner said that Mrs Froggatt and her husband, Paul, regarded this as "no more than a slap on the wrist" which did not reflect the gravity of what had occurred.

The hearing, which is expected to last three days, was adjourned until Tuesday.