County Durham and Darlington NHS Foundation Trust has extended its breast services look-back into earlier years after serious failings were identified in its breast service. Some patients may have grounds for a medical negligence claim where care fell below the required standard and caused avoidable harm, but being included in the County Durham breast cancer review does not automatically mean there was a problem with your care. If you already have specific concerns about your treatment, you do not have to wait for the wider review to finish before seeking legal advice.

Key points for affected patients

• The current look-back covers care provided between January 2023 and February 2025. The Trust plans to review 2022 next and then consider moving further back towards 2015.
• A medical negligence claim requires more than inclusion in the review. The evidence must support both substandard care and resulting harm.
• You can seek legal advice before the wider review is complete, particularly if concerns have already been raised or older treatment may involve legal time limits.

Why is County Durham breast cancer carrying out a review and who could be affected?

The review is examining breast care after serious and long-standing failings were identified in the Trust’s breast services including delayed diagnoses, unnecessary surgery and treatment that was not aligned with best practice. The review forms part of the Trust’s ongoing independent clinical lookback investigation into the care provided to breast patients and aims to identify harm suffered by patients and lessons for service improvement. On 24 September 2026, the Trust Board agreed to extend the look-back into earlier years. Once the current reviews are complete, it plans to review patients treated in 2022, with decisions about earlier years being made as the work progresses towards 2015. The current work covers care provided between January 2023 and February 2025, so the extension matters particularly to people treated in earlier years who may not yet have been reviewed.

The Trust’s published information refers to missed cancers, delays in diagnosis and unnecessary procedures. It says it will identify and contact patients whose care needs to be reviewed as the look-back reaches earlier years. If the Trust has already contacted you, or questions have since been raised about an earlier diagnosis, operation or the information you were given before treatment, you may want to understand what happened in your own care. Anyone already worried about previous breast care can also contact the Trust’s patient support service rather than waiting to be approached. Those circumstances do not prove negligence, but they can justify further investigation.

Can patients affected by the County Durham breast cancer review make a medical negligence claim?

Potentially. A medical negligence claim usually requires evidence that the care fell below the standard that should reasonably have been provided and that this caused the injury or loss being claimed.

The NHS review and a legal claim have different purposes. The review examines the care provided by the Trust and may identify concerns or harm. A Civil medical negligence claim applies the legal test to the individual patient. A review finding or complaint response may contain relevant information, but it does not establish negligence on its own. An apology or offer of redress is not, by itself, an admission of negligence, and independent medical evidence may still be needed. Where a claim is investigated, the relevant medical records and independent expert evidence may be needed to establish both the standard of care and the effect of any failing.

Which breast cancer treatment failings could lead to a medical negligence claim?

The legal issues differ depending on whether the concern involves diagnosis, surgery or the information given before treatment. Actual harm must be proved.

Can you claim for a delayed or missed breast cancer diagnosis?

A delayed breast cancer diagnosis claim may be possible if the cancer should reasonably have been identified sooner and the delay caused additional harm. Medical evidence may need to show what difference an earlier diagnosis would probably have made, such as whether it would have changed the treatment required, the extent of surgery or the patient’s prognosis.

Can you claim for an unnecessary mastectomy or breast surgery?

An unnecessary mastectomy claim, or another unnecessary breast surgery claim, may be possible if the procedure should not reasonably have been carried out and it caused avoidable harm. The evidence would need to address why the surgery was recommended and whether it was clinically justified on the information available at the time. If it should not have taken place, the claim can then consider the physical, psychological and financial consequences.

Can you claim if treatment risks or alternatives were not properly explained?

Potentially. Doctors are required to take reasonable care to ensure patients are aware of material risks associated with recommended treatment and reasonable alternative or variant treatments. In these cases, the issue may be whether the patient had the information needed to make an informed decision and what they would probably have chosen if appropriate information had been provided. Again, actual harm must be demonstrable, rather than potential or hypothetical change in circumstances.

Do you need to wait for the NHS review before speaking to a medical negligence solicitor?

No. You can ask a solicitor to assess your circumstances without waiting for the Trust to complete their wider look-back review. If concerns have already been identified, or you have a specific reason to question your diagnosis or treatment, advice can be based on the information currently available. It can also help establish whether any legal time limit needs attention. Taking advice does not mean court proceedings have to start immediately.

If you are concerned about your care:

• Keep copies of letters, emails and other information you receive from the Trust;
• Note when you first became aware of the concern and what you have been told;
• Raise current health or treatment questions with your treating team or the Trust’s patient support service, while seeking separate legal advice if you want to understand whether the circumstances could support a claim.

How long do you have to make a medical negligence claim?

The usual limitation period for a personal injury claim based on negligence in England and Wales is three years from the date the cause of action accrued or, if later, the injured person’s date of knowledge. The statutory test is more detailed, but date of knowledge can be especially important where concerns about treatment only emerge years later. In broad terms, the date of knowledge rules look at when the person knew, or could reasonably have been expected to know, enough about the significant injury and its connection with the alleged act or omission. The full statutory test is fact-specific.

Someone treated several years ago should not assume they are already out of time, and the current review should not be treated as automatically starting a new three-year period. Our medical negligence FAQs explain the date of knowledge point in more detail. If the relevant dates are unclear, it is sensible to obtain advice promptly.

What evidence do you need for a breast cancer medical negligence claim?

The evidence depends on what went wrong, but the core material may include:

• Medical records, scans and diagnostic reports;
• Pathology, treatment plans, operation and consent records;
• Relevant correspondence or findings from the Trust’s review;
• Records of later treatment or corrective procedures; and
• Evidence of any resulting injury and financial loss.

An appropriate independent medical expert is likely will also need to consider the standard of care and what would probably have happened with appropriate treatment in most claims. The evidence needed will depend on whether the concern involves diagnosis, surgery, consent or another aspect of care. In some cases, more than one expert may be needed because the questions about diagnosis, treatment and resulting harm fall within different clinical specialties.

What can compensation cover in a breast cancer medical negligence claim?

If negligence is established, compensation can reflect the injury and financial loss it caused. Depending on the circumstances, this may include pain, suffering and loss of amenity, lost earnings, care and assistance, treatment costs, travel expenses and supported future losses. There is no standard value for a breast cancer negligence claim because the amount depends on the additional harm caused and its effect on the person’s life.

How can medical negligence solicitors help with a breast cancer compensation claim?

If concerns have been raised about your breast cancer treatment, medical negligence solicitors can assess what happened and whether the evidence supports further investigation. At Levenes, we handle claims involving delayed diagnosis, misdiagnosis, surgical mistakes and failures to explain treatment risks. We can obtain the relevant records and, where appropriate, seek independent medical evidence before advising on the next steps.

We offer a genuine No Win No Fee medical negligence service. If you would like to discuss your treatment and find out whether we may be able to help, contact Levenes for a confidential initial discussion.