A family has received a settlement of £515,000 after an NHS Trust admitted that a chest X-ray failed to pick up a rare cancer three years before it was diagnosed.
The Trust also accepted that earlier treatment would, on the balance of probabilities, have cured her.
Ringrose Law’s Clinical Negligence solicitors secured that admission during our client’s lifetime. Her husband continued the missed cancer diagnosis claim after her death.
How a missed X-ray abnormality delayed her diagnosis
Our client came to us in 2020 after she was diagnosed with a rare and aggressive sarcoma, a cancer that grows in the body’s soft tissues or bones. By the time she contacted us, doctors had told her that her condition was terminal.
For many people, compensation is only part of what they want from a clinical negligence claim. They also want someone to acknowledge that mistakes were made, and to apologise.
Because of our client’s prognosis, we knew we had to investigate her concerns quickly so that she could get answers during her lifetime.
How we proved the delay cost her life
We started by reviewing her medical records.
They covered 2017 to 2020 and showed extensive involvement from hospital doctors and GPs across several specialties.
What the radiologist found
Because her medical history was so complex, we instructed an independent consultant radiologist early on. A chest X-ray taken in September 2017 looked like the first point at which doctors could have spotted a problem.
The radiologist identified an abnormality at the top of her right lung. In his opinion, this was the sarcoma eventually diagnosed in 2020, and doctors should have identified and investigated it at the time.
We immediately sent the Trust a Letter of Notification, an early formal warning that a claim is likely. It explained that independent expert evidence pointed to a breach of duty, and that our client had a terminal diagnosis.
What the oncologist found
While we waited for the Trust’s response, we needed to prove causation. Not just that an error happened, but what difference earlier diagnosis would have made.
We instructed an experienced consultant oncologist, whose report supported the claim. The oncologist concluded that, if doctors had spotted the abnormality in September 2017:
- They would have referred her for a CT scan within about six to eight weeks
- The CT scan would have found a tumour
- Surgeons would, on the balance of probabilities, have removed the tumour completely
- She would probably not have needed chemotherapy
Most importantly, the oncologist concluded that treatment in 2017 would have cured her. On the balance of probabilities, she would have survived and lived a normal life expectancy.
What the psychiatrist assessed
Given how serious the claim was, we also instructed a consultant psychiatrist. The psychiatrist met our client to assess how the delayed diagnosis had affected her mental health.
How we supported her through difficult evidence
The oncologist’s report confirmed what our client had long suspected: doctors had missed chances to diagnose and treat her. It was also an incredibly hard document to read. Learning that she could probably have survived was understandably distressing.
We took time to talk the report through with her, so that she fully understood the evidence and what it meant. At the same time, we kept talking to the Trust’s representatives on a ‘without prejudice’ basis. This means those discussions could not later be used as evidence in court. This let both sides try to move the claim forward as quickly as possible.
How the Trust responded
In its Letter of Response, the Trust admitted a breach of duty in how the September 2017 chest X-ray was reported. It also accepted that, on the balance of probabilities, diagnosis and treatment at that time would have cured her.
This early admission mattered enormously. Our client heard, during her lifetime, that failings in her care had cost her a chance of cure. The admission also allowed us to secure an interim payment, an advance on the final compensation, to help her and her family.
Sadly, her condition continued to deteriorate, and she died in 2022 before the claim concluded.
How her husband continued the claim after her death
After her death, her husband continued the claim on behalf of her estate under the Law Reform (Miscellaneous Provisions) Act 1934. He also brought a claim as her dependant under the Fatal Accidents Act 1976, and a claim on behalf of their child.
The family’s circumstances, including the additional needs of both her husband and child, made the claim harder to value. We carried out detailed investigations and gathered further expert evidence so that every part of the family’s losses and future needs was properly assessed. This produced a schedule of loss, a document setting out every financial loss and cost claimed, which became the key document in negotiations.
How the £515,000 settlement was reached
We arranged a round table meeting, where both sides and their legal teams meet face to face to try to settle a claim without going to trial.
Discussions covered liability, causation and, above all, the value of the claim. Negotiations went on for many hours as both sides worked towards a settlement that reflected the profound impact of the negligence on the family.
By the end of the meeting, we had agreed a settlement of £515,000.
Every case is different, and the value of any claim depends on its individual circumstances.
What the outcome meant for her family
No amount of compensation can replace the loss of a loved one. But the settlement gives our client’s family financial security and the chance to move forward with their lives.
Most importantly, our client heard during her lifetime that mistakes had been made in her care, and that earlier diagnosis and treatment would probably have cured her.
The case shows how much it matters to investigate quickly, involve experts early and engage with the other side when a client has a terminal diagnosis.
Has a missed or delayed cancer diagnosis affected you or your family?
A delayed diagnosis can change everything: the treatment available, your health, your work and your family’s future. If doctors missed signs of cancer, you may be entitled to compensation. If someone close to you has died, their family may be able to bring a claim on their behalf.
Time limits apply.
You usually have three years to start a claim, starting from the date of the negligence or from when you first realised you had been harmed by it. If the person harmed has died, their family usually has three years from the date of death. If you or someone you love has a terminal diagnosis, it’s worth getting advice as early as possible.
Getting started is simple:
- Talk to us. Have a free, confidential conversation with a member of our Clinical Negligence team.
- We look into what happened. We’ll review the medical records and explain your options and how a claim could be funded.
- We handle your claim. We work with independent medical experts and keep you informed at every stage, at a pace that suits you and your family.
