Anne Brundell, medical negligence solicitor
Graysons’ medical negligence experts have won five-figure compensation for the estate of a deceased woman whose cancer was misdiagnosed and treatment delayed. The claim was brought by the deceased’s daughter.
In September 2017, the deceased, Ms P, complained to her GP about a five-week history of burning pain in her upper abdomen after eating. She was prescribed antacid and blood tests were requested. Blood test results were normal. She also underwent an abdominal endoscope and ultrasound scan, both with normal results.
However, in July 2018, she complained to her GP of continued severe upper abdominal pain, despite taking oral and liquid antacids. Her weight had fallen significantly. The GP requested a scan of her chest, abdomen and pelvis. The scans took place at hospital and were reported to be normal.
In August 2018, Ms P visited her GP feeling a little better.
However, in May 2019, Ms P complained to her GP of generalised pains, worse in her arms, legs and neck. She was diagnosed with torticollis (twisting of the head caused by contraction of the neck muscles) and was treated with co-codamol, diazepam and neck exercises.
She visited her GP several times in June with persistent pains and by 10th June, she reported a new pain under her right arm and was struggling to walk.
She was admitted to hospital, and an x-ray showed a soft tissue mass in the right lung, indicative of cancer. A CT scan showed two masses of around 50mm and nodules in both lungs. She was discharged on 19 June 2019 with a diagnosis of non-small cell lung cancer and a plan for palliative chemotherapy.
In July 2019, Ms P died at home.
Ms P’s daughter contacted Graysons on behalf of the beneficiaries of her mother’s estate to see if she could make a claim against the hospital for the negligent delay of her late mother’s treatment, alleging that she suffered avoidable pain and that her life was shortened significantly.
Graysons’ medical negligence team took up the case. Graysons argued that the hospital had missed a lung lesion on the scan that was taken in July 2018 – which the trust admitted was due to human error. We argued that, but for the hospital’s negligence, treatment would have been different. A biopsy would have been taken, and Ms P would have been referred urgently to the lung cancer team.
The hospital admitted breach of duty, but the case on causation was complex. It claimed that Ms P would only have lived an additional two years from the date of the delayed diagnosis, not a further six and a half years as claimed by Graysons. Despite being discharged with a diagnosis of non-small cell lung cancer, the hospital now claimed that Ms P suffered with small cell lung cancer, rather than non-small cell lung cancer, as claimed by Graysons, which has a better prognosis. Small cell lung cancer is more rapidly growing and less amenable to treatment than non-small cell lung cancer.
Graysons obtained expert evidence from an oncologist and a histopathologist. A claim was issued and a court case listed to be heard in February 2026. Despite the hospital taking a year to respond to Graysons’ enquiries, in which it admitted that the cancer was in-fact non-small cell lung cancer, our team encouraged the hospital to engage in negotiations.
The hospital initially offered a settlement of £50,000, but that was not accepted by Graysons and the client. Graysons entered into negotiations, and we were eventually able to agree a gross settlement of £195,000.
If you feel that a relative has been treated negligently by any healthcare professional and you would like to explore the possibility of making a claim for compensation, contact our medical negligence experts now. We will assess the case free of charge and advise on the likelihood of success.
Author: Anne Brundell, medical negligence solicitor
