Locum GP sued for missing diagnosis of breast cancer

In the High Court in Winchester today, Martyn Adshead (age 32) of Toronto Road, Buckland, Portsmouth, won the case he brought on behalf of his late wife Sharon and their son Logan (age 6) against GP locum Dr Sarah Tottle, who had failed to diagnose Sharon’s condition of breast cancer. 

On 30 May 2000, Sharon attended her GP practice, Queen’s Road Surgery, because of a lump she had found in her left breast; but instead of seeing her regular GP she saw Australian locum GP, Dr Tottle.

The case against Dr Tottle was that she failed to refer Sharon urgently to a specialist breast clinic where appropriate treatment would have saved Sharon’s life.  Furthermore, Dr Tottle wrongly re-assured Sharon the lump was “benign” and it was nothing to worry about.

Sharon became pregnant, giving birth to Logan in July 2001.  On 5 September 2001, she returned to see her GP because the lump in her left breast had got bigger, now 5cm in diameter, and she also had lumps under her left arm.  Sharon was worried about problems with breast feeding and her GP immediately recognised the likelihood of cancer and referred her straight away to the breast clinic; but by this time the cancer had already spread into the glands in Sharon’s left arm.

Sharon was given chemotherapy and on 19 March 2002 she was operated upon with wide excision of the lump and removal of the glands in her arm, but evidence of the cancer remained.  On 30 April 2002, Sharon underwent a left mastectomy.  There was no evidence of residual tumour and she underwent radiotherapy treatment.  On 2 September 2001, however, Sharon was re-admitted to hospital in Portsmouth with signs that the cancer had returned and spread to other parts of her body.  She became increasingly ill and was eventually admitted to Rowan’s Hospice shortly before she tragically died on 15 January 2003 at the age of 35.

The evidence was that if Dr Tottle had referred Sharon for treatment in May 2000, she would have had good prospects of survival.  After a five-day case in the High Court, the judge ruled in favour of Martyn and the family. 

Martyn commented: “Sharon was a loving wife and wanted to be a great mother for Logan.  The case was all about us getting justice for Sharon and the family.  Sharon’s sister, Jo Wyllie, and all the family have all been a great support helping me to cope with Sharon’s death, bringing up Logan on my own and during the legal case.  Nothing can ever bring Sharon back, but at least the Court has now proved what really happened and we have received justice and recognition of the failures in Dr Tottle’s care.  Now we will try to get on with our lives and manage as best we can”.

John White the family’s solicitor from law firm Blake Lapthorn Tarlo Lyons said: “This was a very hard fought case.  I am delighted with the Court’s ruling, which has given the family justice.  Dr Tottle and her medical defence insurers fought the case all the way.  The Court has now comprehensively ruled against Dr Tottle, clearly vindicating the decision by Martyn and the family to bring these proceedings.  Damages for an undisclosed agreed sum will be paid that will at least help Martyn and Logan.  I very much hope that the successful outcome of this case raises awareness of breast cancer issues so that other families do not have to suffer in this way.”

For further information please contact Alison McClure in the Clinical Negligence team on 023 8085 7345 or email alison.mcclure@bllaw.co.uk