£228,000 Secured Following A Delay In Diagnosis Of Lung Cancer

Mr J had previously attended his GP practice on numerous occasions with a chesty cough and was prescribed antibiotics and when the symptoms continued, he underwent an X-ray. Mr J subsequently developed sudden abdominal pain and attended his local A&E where he underwent a CT scan. He was diagnosed with a distal ureter calculi (stone) and subsequently underwent treatment for this. He was then discharged from hospital two days later without any further x-rays being undertaken.

Several time later Mr J experienced pain in his left shoulder and was referred for physiotherapy, Mr J had also experienced 2stone weight loss over just a few months. Mr J went to his GP again with symptoms of a chest infection and was referred for an X-ray. Unfortunately, this x-ray revealed a  right lower zone large lobulated mass lesion, abutting the lateral chest wall, measuring approximately 9.5cm x 10cm in size. Mr J was placed on an urgent cancer referral. At this point, the hospital confirmed that the early stages of the mass lesion were visible in the previous CT scan he had undergone several years prior.

Unfortunately, during the course of the claim Mr J passed away and the claim was continued by his family.

Upon instruction Tancha obtained supportive medical evidence confirming that there was a beach of duty of care in the failure of the radiologist to identify the lesion in the original CT scan. Further evidence was obtained supporting the view that if the radiologist had identified the lesion that he would have been referred to a respiratory team during his first admission to hospital.  Tancha obtained additional expert evidence from a range of disciplines in order to present the strongest possible case on behalf of Mr J and then his family, these supported the view that Mr J would have been a candidate for surgery to treat the cancer had it been identified.

A Letter of Claim was sent to the Defendants who responded to confirm that had they identified the cancer at the earlier stage, then Mr J would have undergone treatment and that the cancer would not have metastasised. He would have therefore likely made a full recovery.

Tancha then sought to establish the Condition & Prognosis evidence confirming that following surgery and a three-month recovery period, Mr J would have returned to his usual activities of daily living and hobbies. The claim also incorporated financial loss in respect of loss of pension and services dependency.