Private Healthcare Warning After Bupa Admits Breach Of Duty

A senior accountant has been left with a reduced life expectancy following an 18-month breast cancer diagnosis delay after the wrong scan was uploaded and analysed. 

Shivani Kothari underwent a mammogram as part of an annual health check under a private Bupa medical policy in September 2016.

The scan showed abnormalities which warranted further investigation. However, the mum of-three, from North London, was given the all-clear.

Around 18 months later, a lump was found in Shivani’s right/left breast during a health assessment.  Following tests, the 46-year-old was diagnosed with stage three breast cancer.

Previous ‘normal’ scan was reviewed instead of latest test which showed abnormalities

A Bupa investigation found that a ‘normal’ scan Shivani underwent in 2015 was wrongly uploaded and reported instead of her 2016 mammogram.

Following her diagnosis Shivani, underwent surgery and treatment.  She has also been left with a reduced life expectancy and lymphoedema causing continuous swelling in her arm.

North London woman asks medical negligence lawyers to investigate

Shivani instructed expert medical negligence lawyers at Irwin Mitchell to investigate her care under Bupa.

The company admitted a breach of duty and that “as a result of an unfortunate error” an earlier mammogram – from February 2015 – had been sent for radiological review instead of the 2016 image. It admitted that but for the breach of duty, the diagnosis of breast cancer would “probably have been made 563 days earlier.”

Shivani is now calling for lessons to be learned.  It comes after her legal team secured her an undisclosed settlement in connection with her diagnosis and future treatment needs.

Marianne Lomax is the specialist medical negligence lawyer at Irwin Mitchell representing Shivani.

Expert Opinion

“Shivani has faced an incredibly difficult few years coming to terms with being told she has cancer, and the physical and emotional effect it’s had on her and her loved ones.

“Understandably, she’s had a number of questions and concerns about the events that unfolded in the lead up to her diagnosis. While we’re pleased to have secured Shivani the settlement, allowing her to access the ongoing specialist support she requires, she would rather not be in this position.

“Through our work, we sadly see the devastating impact that breast cancer can have.

“A growing number of patients are taking out private medical policies or may have such policies linked to their jobs, and many people will be shocked at the failings that have been identified in this case.

“Bupa has indicated that they intend to implement more robust measures following the issues identified in Shivani’s case, it’s vital that these are upheld at all times to maintain patient safety.

“However, it’s also important that people continue to participate in cancer screening programmes and seek medical advice if they’re concerned they may have cancer. Early detection and treatment are key to beating it.” Marianne Lomax

Breast Cancer Awareness Month: Shivani's story

Following the delay in Shivani’s diagnosis, a root cause analyse investigation report carried out by Bupa found a number of care and delivery problems. These included there was no process in place for radiographers or radiologists to check the date of the images they were sending or reading. 

It also highlighted an “over reliance” on human intervention with no failsafes in place to detect error, as well as no evidence of an induction or training programme for radiographers.

A series of recommendations were made, including the implementation of an automated system to manage images, manual checking of dates to be undertaken, and an induction process for any new staff.

Since being diagnosed, Shivani has had chemotherapy, radiotherapy, bilateral mastectomy and reconstruction, and lymph node clearance surgery. She is currently taking treatment to protect her bones and is under follow up for her reconstruction and lymphoedema, which developed as a result of removing all lymph nodes in her underarms.

Shivani speaks out on delayed diagnosis

Shivani said: “I didn’t think I’d ever be in a situation like this.  Normally when you go private, you would expect treatment that’s second to none and I’ve never felt any need to question results before.

“But what’s happened has left me completely devastated and I keep finding myself seeking second opinions on everything. 

“To be told that I had breast cancer was distressing enough, but then to find out that it could have been found 18 months before was a huge blow and something I still can’t really comprehend.  The treatment I’ve had to undergo has been gruelling and to know that my life expectancy has been reduced is truly heart-breaking for both me and my loved ones.

“I know nothing can ever change what I’ve been through, but I felt it was my responsibility to speak out to help ensure it doesn’t happen to anyone else.  I wouldn’t want someone suffering like I have, and it goes to show that private healthcare isn’t always better.”

She went on to say: “Despite an early investigation by Bupa, which took place in 2018 and identified a number of issues, it’s taken five years for it to reach an agreed settlement.  I believe that the delays from Bupa may put others off from seeking redress, but I want to advise anyone in a similar situation to hold firm.”

October is Breast Cancer Awareness Month.

Find out more about Irwin Mitchell's expertise in supporting people affected by cancer at the dedicated section on our website. Alternatively, to speak to an expert contact us or call 0370 1500 100.