Delay in Diagnosis of Lung Cancer Case
K had attended hospital with shortness of breath. A chest x-ray was performed which showed a lesion in the lung and advised further investigation. Unfortunately, this report was not acted upon and K was sent home.
6 months later, he returned to hospital, again due to shortness of breath, and a further chest x-ray was performed which showed the lesion had increased significantly in size since the previous x-ray. Further investigations were undertaken and K was diagnosed with lung cancer. Unfortunately, he died shortly after his first cycle of chemotherapy.
The hospital admitted straight away they should have acted upon the first x-ray report and this would have resulted in K’s cancer being diagnosed 6 months earlier. The dispute arose out of the difference earlier diagnosis would have made; our expert oncologist was of the view K would have survived 8 years with earlier diagnosis, the Defendant was of the view he would only have survived an additional 2 years. This made a significant difference to the amount of compensation due, much of which comprised damages for financial dependency for K’s widow, T.
Despite every effort to settle the claim before trial, this was not possible and a 3 day trial in the High Court in London. Our expert was compelling on the stand and the Judge found his evidence more persuasive than the Defendant’s expert which meant T was successful in proving her claim as alleged. Although it would have been far better for T to have the claim settled earlier and to have avoided the ordeal of attending trial, as the Judge awarded T more compensation than she had offered to settle the claim ahead of trial, she was also awarded a 10% increase in her compensation to penalise the Defendant for not accepting her earlier offer. A 6 figure settlement will not ease T’s pain of losing her husband but it will now give her financial security for the future.
Kathryn Watson, September 2025