A deceased's estate receives compensation following a case of cancer misdiagnosis

A deceased's estate receives compensation following a case of cancer misdiagnosis

A member of our medical negligence solicitor panel acted the family of a deceased claimant who suffered back pain and had an x-ray at Llynypia hospital in April 2011. She was referred for Physiotherapy. The Physiotherapy had no effect and due to persisting symptoms she was referred for an MRI scan in June 2011 which showed no abnormalities. The claimant insisted on being referred for a further x-ray which was conducted at Llynypia hospital in June 2011.

Sadly she was diagnosed with cancer in early August 2011. Surgery was no longer an option as the cancer was too far advanced.

It was alleged that the original x-ray in April 2011 was misreported, leaving the claimant undiagnosed with squamous cell carcinoma of the right lung.

The defendant admitted breach of duty and damages were settled in the sum of £5000 on the basis that the cancer was already in the late stages by April 2011, and the grading of the Tumour would not have altered between that time and the date it was ultimately diagnosed in August 2011.

2 ½ months of additional pain and suffering were secured for the Estate of the deceased (in recognition of their error), who sadly died from her condition in November 2011.

A claim against the GP to whom she had been presenting with symptoms before April 2011 remains ongoing.

If you or a loved one have suffered from cancer misdiagnosis or a delay in treatment please click here.

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