Delayed Diagnosis of Lung Cancer

Background

Mr R attended hospital complaining of right-sided chest pain radiating to his back, and an episode of breathlessness a few days previously. Investigations were carried out, including a chest x-ray, and he was discharged with antibiotics for a suspected chest infection. 

The chest x-ray was reported as abnormal with a faint shadow on the left lung and a recommendation for a repeat x-ray. It is unclear what happened to the report of the chest x-ray, but it was evident that no action was taken at the hospital and no report was sent to Mr R’s GP.

A year later, Mr R presented again at A&E complaining of chest pain and coughing up blood. A CT scan showed lesions on the left lung, likely to be cancer. 

Further investigations confirmed lung cancer with metastatic spread to lymph nodes, hip, spine and right lung. The cancer was by then inoperable and his prognosis was poor. He underwent 6 cycles of chemotherapy, but the mass in the left lung increased in size, leading to his death a year later.

This delayed treatment claim was pursued on the basis that the chest x-ray was abnormal and should have been followed up. Mr R would have undergone further investigation, lung cancer would have been diagnosed and he would have undergone a lobectomy in a matter of months. On the balance of probabilities, there would have been no lymph node involvement and he would have survived.

Settlement

The Defendants admitted breach of duty prior to service of a detailed Letter of Claim but causation remained in dispute and proceedings were issued. Eventually, the claim was settled for £190,000 shortly before the Costs Case Management Conference, with £127,020 given for special damages and £12,980 as a bereavement award.

This claim was led by Amanda Smith.

NOTE: While our case studies are designed to give an indication of the outcomes that can be achieved in these circumstances, the compensation awarded in individual cases can vary significantly due to a range of factors, including effects on life expectancy, the severity of the medical negligence that took place, and the financial impact.