Moore Barlow have recently settled a case on behalf of an elderly widow after her husband died of lung cancer in 2020.
The background to the case
The deceased had been under surveillance in hospital some years ago due to suspicious appearances on x-rays of his lungs. The plan was for him to have yearly CT scans which indeed did take place for a couple of years. However, he was negligently discharged in 2016, as the treating doctor erroneously requested a chest x-ray instead of a CT scan and was falsely reassured by its appearance.
The deceased had no further surveillance scans and then in late 2020 attended hospital with various symptoms which suggested a possible brain tumour. Further tests indicated that he had a primary lung cancer and that it had spread. He died very soon after being admitted to hospital.
The hospital undertook an internal investigation and very shortly thereafter admitted that there had been an error in not continuing with the CT scans. However, it was denied that this would have avoided the outcome as it was alleged that the cancer had spread before it became radiologically apparent. Proceedings were therefore issued, and the case settled shortly thereafter.
The outcome of the case
The damages included a bereavement award, damages for pain and suffering and for an element of dependency.
The family was very pleased with the outcome and had this to say about our service: –
You have been utterly amazing and words cannot thank you enough for everything that you have done to get the justice that my father deserved. We are eternally grateful.
Sarah Stanton represented the family and commented: –
Cancer cases are very difficult as often where there is a breach of duty, we come up against problems with causation and vice versa. They are also very emotional cases, particularly where the victim has died. We are very pleased that we were able to achieve such a good outcome relatively quickly. Nothing will bring the deceased back, but we hope that this has given the family some closure.
How Moore Barlow can help
If you have suffered an injury as a result of medical negligence, our priority is making sure you get the best outcome and we are here to help you get the answers, support and compensation you need to help rebuild your life.
If you would like to find out more or discuss your claim, please contact the medical negligence team.