Woman launches legal action against GP and radiologist for allegedly missing cancer diagnosis

A 34-year-old woman who was diagnosed with terminal breast cancer says she was “fobbed off” when she first went to her GP to have a lump checked.

A young woman who was diagnosed with terminal breast cancer claims she was “fobbed off” when she first went to her GP.

A young woman who was diagnosed with terminal breast cancer claims she was “fobbed off” when she first went to her GP to have a lump checked.

The woman, 34, who the Sunday Herald Sun has chosen not to name, has launched legal action against her GP, Dr Sonia Gomez-Parades, and her radiologist, Dr Jeff Tam.

She said her plight showed the importance of patients advocating for more thorough treatment if they felt their concerns about their health were not being treated seriously enough.

In documents filed in the Victorian Supreme Court, the woman claims she was told, in October 2020, that a lump near her left nipple was “all right”.

The woman returned for another check-up in April this year, when the lump was diagnosed as cancerous.

According to her claim, “reasonable medical practice” would have seen her undergo a “triple test” for breast cancer, and referred to a surgeon for further treatment in 2020.

“But for (Dr Gomez-Parades’s) negligence … and/or (Dr Tam’s) negligence … (the woman) would have been diagnosed with breast cancer in October 2020, not April 2023,” it is alleged in court documents.

The woman told the Sunday Herald Sun her prognosis would have been far better if the cancer had been detected when she first went to Dr Gomez-Parades and Dr Tam.

The woman has launched legal action against her GP and radiologist.

“Had it been picked up earlier, the type of cancer I’ve got is curable,” she said.

“But given how advanced it was before I was diagnosed, mine is now only treatable, which is incredibly hard to come to terms with.”

She said she thought she had done everything she was supposed to do for early detection.

“I prioritised my health and went straight to the GP as soon as possible,” she said.

“I made the follow up appointment after the results came back and was assured that

everything was all right, when it wasn’t.”

The woman, who is represented by Slater and Gordon Lawyers, said she was “fobbed off, probably because of my young age and because breast cancer does not run

in my family”.

“No one expects to be confronting their own mortality in their 30s, but that’s unfortunately my

reality.”

She said she hoped that sharing her story would encourage others to be more proactive about

their health concerns.

“I want what is happening to me to act as a warning to others so they don’t just listen to assurances they get from health practitioners,” she said.

“If you’ve got a gut feeling that something’s not right, demand more.

“Advocate for yourself, whether that’s seeking a second opinion or getting a referral to a breast surgeon or specialist, do it, because it could make all the difference.”

Slater and Gordon medical negligence lawyer Libby Riekert said it was alleged that the care the woman received fell well short of what was reasonably expected of a general practitioner and radiologist, therefore her client was entitled to compensation.

“What’s happened here is absolutely tragic and, we say, should have been prevented,” Ms Riekert said.