Case Study – A failure to diagnose and treat lung cancer

Helen Sawyer

We settled a claim for a client following a delay in diagnosing and treating lung cancer in his late wife. Earlier identification of his wife's condition would have resulted in her receiving treatment and also not passing away when she did.

Background

In November 2021 the Deceased presented to hospital feeling unwell. On examination of her chest she was found to have a bilateral widespread wheeze. The impression was that it was a possible infection or possibly an electrolyte imbalance. A chest x-ray was planned and undertaken.

The Deceased was discharged from hospital with the impression of a lower respiratory tract infection and chesty symptoms.

In March 2022 the Deceased had a further chest x-ray due to ongoing symptoms which showed a large right dense mass in the right midzone and this required further imaging. The results were explained to the Deceased and she was referred for fast track referral. A '2 Week Wait Suspected Lung Cancer Referral' was made by the GP.

Sadly, a small cell carcinoma was diagnosed shortly after and the Deceased passed away in July 2022.

The details of the claim

Following the chest x-ray being performed in November 2021 there was a failure by the hospital to identify the cancer and refer the Deceased for the appropriate follow up. Had the Deceased’s cancer been identified in November 2021 she would have been diagnosed with a less advanced tumour and treatment would have been offered.

Had she been given the opportunity to receive this treatment she would have survived for at least another two and a half years.

A Serious Incident Investigation Report was prepared by the hospital which confirmed that the Consultant Radiologist did not look at the chest x-ray and did not report on the same. Therefore, the appropriate referral was not made and this led to a significant delay in the diagnosis being made and treatment being given. This delay resulted in a premature death.

"We wanted to say how grateful we are to yourself for reaching the outcome you did. The amount of money will never replace my mum and their apology means nothing to us but we can finally begin the grieving process for my mum now it’s over." Feedback for Helen Sawyer from the Deceased's family.

How we helped

We compiled relevant medical records and expert evidence and prepared a detailed schedule of loss.

Settlement discussions led to an out of court settlement, helping our client to regain some financial stability following the sad premature death of his wife.

A formal apology from the Trust was also secured for our client.