Patient Instructs Medical Negligence Lawyers To Investigate And Help Her Access Specialist Rehab

A mum has been diagnosed with breast cancer following an 18 month wait for surgery to reduce the risk of her developing the disease. 

Sharni Marks was found to have the BRCA2 gene – which increases the risk of breast cancer if it alters – in 2018. It followed genetic testing after her dad, Darren, was diagnosed with the disease.

Sharni placed under care of surgeons at Russells Hall Hospital Dudley 

Sharni, of Halesowen, was placed under the care of surgeons at Russells Hall Hospital in Dudley. She said that it was decided a double mastectomy to reduce the risk of her developing breast cancer was her best option. 

Sharni, aged 31, remained under the care of surgeons while she and her husband Jack, aged 33, started a family. Following an appointment with the breast clinic in August 2022 she was put on a waiting list but not given any timeframe for surgery. 

When Sharni called the hospital to seek an update, each time she was told she was top of the list for preventative surgery. 

Halesowen mum diagnosed with breast cancer weeks after surgery she waited 18 months for 

The secondary school dance teacher underwent double mastectomy surgery and reconstruction in March 2024. During a routine post-operative assessment three weeks later, Sharni was told that a mass had been found in the left breast tissue which had been removed. 

Sharni was diagnosed with grade-three breast cancer and told the type of cancer she had developed was more common in patients with BRCA gene mutations. 

Sharni, who has a son and daughter, aged four and two, is currently undergoing treatment which has left her unable to have further children naturally. 

Sharni asks medical negligence lawyers to investigate

Following her diagnosis, Sharni instructed expert medical negligence lawyers at Irwin Mitchell to investigate her care under The Dudley Group NHS Foundation Trust, which runs Russells Hall, and help her access the specialist treatment and rehabilitation she requires. 

Sharni has now spoken for the first time about the impact her diagnosis has had and concern as to whether her cancer could have been avoided if she had not been on a waiting list for so long. 

Hospital Trust says Sharni probably developed cancer after waiting 18-months for surgery 

It comes after a letter from the Hospital Trust to her GP in June 2024 said that Sharni’s case had been discussed “in the weekly meeting of harm in view of the fact that the patient has most probably come to harm developing a breast cancer during her long wait for bilateral risk reducing mastectomy.”

It added that “it was probable that her cancer has developed whilst waiting about a year and a half for her risk reducing mastectomy.”

In a follow up letter to Sharni the Trust expressed its “sincere apologies” that Sharni had been “involved in a patient safety incident.” It added it had launched an investigation to help it “minimise the possibility of such incidents recurring and drive improvements.”

Laura Ellacott is the specialist medical negligence lawyer at Irwin Mitchell representing Sharni.

Expert Opinion

“The last few months and coming to terms with the physical and psychological impact of her diagnosis has been incredibly difficult for Sharni and her family.

“Understandably, Sharni has a number of concerns about her care and whether more could have been done to prevent her cancer developing. The first-hand account we’ve heard from her and the Hospital Trust’s own findings are worrying.

“While we recognise the NHS is under tremendous strain and waiting lists can be long, care delays can have a devastating impact.

“Each case of a patient facing a wait for treatment isn’t a statistic but a human story of someone who has potentially been exposed to unnecessary suffering or harm. Such incidents can have significant consequences for patients and families, including through a life-changing diagnosis or even death.
“We continue to support Sharni and are determined to help provide her with all the answers she deserves and access to the specialist care she needs.” Laura Ellacott

Breast cancer: Sharni Marks' story

Following her diagnosis, it was recommended Sharni undergo multiple rounds of chemotherapy. Her chemotherapy remains ongoing and she is struggling with sickness and weakness. Sharni has lost her hair, is losing her nails and has developed mouth ulcers. 

She also has a weakened immune system because of chemotherapy and has struggled with infections. It’s also likely Sharni will be left with lasting side effects as a result of the cancer treatment. 

Doctors have also told Sharni that chemotherapy has made her infertile and have recommended she undergo a hysterectomy, she said.

Sharni said: “When I was told I was at high risk of getting breast cancer, I thought being under the care of breast surgeons would be the best thing for me. 

“After starting our family, I was added onto the waiting list for surgery. 

“Months went by and I was still on the waiting list. It got to the point where I would call often to seek an update. It felt like it got to the stage where I knew what I was going to be told each time before I called. 

“To finally undergo a double preventative mastectomy was a relief to start with. But that turned to devastation when I was told I’d developed cancer. 

“It was a huge decision to have a life-changing mastectomy. Sometimes it feels like I’ve gone through the physical trauma of surgery and the emotion of deciding to have surgery for nothing. 

“Given what the Hospital Trust has told me it’s often hard not to think whether I wouldn’t have developed cancer if I’d have undergone surgery sooner.”

Sharni reveals impact of cancer diagnosis and concern over waiting list time

Sharni added: “The last few months have been the hardest of my life. It’s been a whirlwind of emotions but I’m so grateful to my surgeon who performed my mastectomy for helping to diagnose my cancer and everyone involved in my care since. 

“While my treatment has been debilitating and has had a massive impact on my physical and mental health, everyone involved in my care around my diagnosis and treatment has been amazing.

“I’m often wiped out after chemo and instead of being the active mum I want to be playing a key role in bringing up the kids, I often need looking after. However, I’m determined to focus on my recovery so I can be there for my family. 

“Me and Jack always wanted a family. We feel so blessed that we’ve got two beautiful children who mean everything to us. However, to not have the choice of deciding whether to have more children naturally is difficult to accept. 

“The issue around waiting lists and the time it’s taking for people to have surgery is serious. It’s incredibly concerning that there could well be thousands of others who have been waiting for surgery and who have received a life-changing diagnosis. People may not think it will affect them, but it can affect anyone.” 

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