Can Missed BreastScreen SA Cancers Legal Action for South Australian Gov.?

The state government of South Australia looks set to face an unprecedented class action after news broke that more than seventy women may have incorrectly been given the all clear following mammograms. The tests took place during a two-year changeover period at BreastScreen SA when analogue technology was transitioned to digital – and, it’s now alleged, a new reading process led to fewer women being called back for required further tests.

BreastScreen SA is a government run screening process offering free mammograms to women.

A review of 53,104 digital mammograms was ordered in December when it became apparent that approximately 95 fewer cancers than expected had been identified between September 6, 2010 and June 30, 2012. 72 cancer cases were found to have been missed – and two of those patients have since died, though whether this was as a result of cancer is yet to be determined.

At least 34 women from among the identified 72 have since contacted an Adelaide law firm, and the state government may potentially face one of the biggest class actions in its history. Lawyers from the firm have suggested that BreastScreen SA’s own review will only strengthen the case. The state government has not yet sought legal advice. Health Minister Jack Snelling has, however, issued an apology and confirmed that the government’s priority “has always been to ensure that those women who require treatment receive the right care as soon as possible.”

"If there is some liability then we will be a model litigant,” he added.

BreastScreen SA has confirmed that the technology itself was not at fault, but that the transition to digital gave less chance to easily read each screening. Its own review affirms that “digital mammography has been shown to have comparable if not better cancer detection rates."

The 72 women identified to have detectable cancer were among 570 women recalled for further assessment. The nature of the disease, however, means that it will be some time before the impact of individual cases can be assessed. Women involved in either individual or class actions could seek compensation for medical costs – including treatment, medication, surgery, and recovery – as well as loss of income and physical and emotional effects.

With both BreastScreen SA and the South Australian government facing these cases with frank and seemingly sincere apologies, any legal action – potentially costing millions – is likely to be relatively straight forward.

"Fifty six of these 72 cancers were found through the re-read process,” said Mr. Snelling, “and a further 16 interval cancers were classified as having been potentially detectable by a separate re-read process in relation to women who had already been diagnosed with interval cancers. The majority of these women were diagnosed at the very early stages of breast cancer. Five women have either postponed their assessment or have declined these further tests.

I regret any anxiety this has caused women and their families, and wish those woman who have been diagnosed with cancer the best in their recovery.

Our priority has always been to ensure that those women who require treatment receive the right care as soon as possible.”

BreastScreen SA is a government run screening process offering free mammograms to women. Following a recent review, recommendations for change in screening and reading practices have now been implemented.