Mrs A was admitted to the George Eliot Hospital for investigations following a short period of illness.

A chest x-ray was performed but this was not formally reported for 9 days by which time she had been transferred to the care of University Hospitals Coventry and Warwickshire NHS Trust. There had been no mention of the chest x-ray nor the pending report on her transfer between hospitals. The formal report confirmed a left upper lung mass and recommended a CT scan for further assessment. The report was mistakenly sent to a consultant in the Emergency Department instead of the relevant consultant physician. The report was not forwarded on because it was incorrectly assumed that the report had been received and actioned elsewhere.

Several months later, Mrs A underwent a parathyroid scan at University Hospitals Coventry and Warwickshire NHS Trust which revealed a suspicious abnormality in the left upper lobe of the lung. The finding triggered further investigations resulting in the diagnosis of a small cell lung cancer with ipsilateral hilar and mediastinal lymph nodes. This was classified as stage IIIB disease. Mrs A underwent radical radiotherapy and received cytotoxic chemotherapy. Her treatment was complicated by the development of neutropenic sepsis. Her condition deteriorated, impacting her mobility and day to day activities. She sadly died just under twelve months later.

Curtis Law Solicitors obtained Mrs A’s medical records and identified the various breaches of duty of care that had occurred. Causation and condition and prognosis reports were obtained from a consultant oncologist which confirmed that, but for the alleged breaches of duty, Mrs A would have undergone a CT scan, a PET scan and a biopsy which would have led to the diagnosis of stage IB cancer. Earlier diagnosis would have led to a lobectomy which was more likely than not to have been curative. Mrs A would not have required chemotherapy and she would have avoided the debilitating side effects that she endured. Crucially, she would not have died when she did.

Curtis Law Solicitors’ specialist clinical negligence solicitors secured admissions of liability from the NHS Trust and engaged in settlement negotiations seeking payment of compensation for Mrs A’s pain, suffering and loss of amenity plus out of pocket expenses including care and assistance, aids and equipment and funeral expenses. A settlement of £77,500 was secured for Mrs A’s family.

Kenneth Lees, who conducted the claim for Mrs A and her family, said: “This was a particularly tragic case where Mrs A endured a long period of illness during which she lived with the knowledge and contemplation of her illness and death as a consequence of the admitted negligence. Her death would have been avoided but for the negligence. The case highlights the importance of clinical responsibility to review scans and tests that are requested and to ensure that appropriate onward referrals are made in a timely manner”.

If you wish to discuss a potential delayed diagnosis of cancer claim with our specialist solicitors you can email us, use our online enquiry form, or call us for free on 0800 008 7450.