Success Stories for Cancer Misdiagnosis Claims

You are now reading our Cancer Misdiagnosis Claims success stories.

Delay in diagnosis of myeloma (blood cancer)

Our client attended hospital with symptoms of a severe headache. A blood test indicated that he was suffering from myeloma, but this was not picked up on. He was incorrectly diagnosed as suffering from temporal arteritis, without the correct test to confirm this. He attended hospital on several more occasions with further symptoms including chest and back pain. After a delay of 18 months, the correct diagnosis of myeloma was made and treatment was commenced. The Defendant admitted that there was a negligent delay in diagnosis and treatment. As a result, our client suffered injuries including multiple spinal fractures, which could have been prevented if he had not received negligent treatment. We obtained expert evidence that our client needed additional care and assistance because of the negligence, and he could not return to work.

The negligence had a significant effect on his quality of life. The claim was settled out of court and our client was awarded the sum of £235,000 plus costs.

Delayed diagnosis of cervical cancer

The Claimant had a routine smear test which was reported to be normal. Her next smear test five years later detected severe dyskaryosis and she was referred for a colposcopy. She was diagnosed with invasive cancer of the cervix and underwent a radical hysterectomy. An audit of the Claimant’s smear tests identified that the smear test five years previously had been incorrectly reported and had in fact shown pre-cancerous cell changes. Had this earlier smear test been correctly reported the Claimant’s cancer would not have advanced, she would have avoided surgery and the risk of the cancer recurring would have been significantly reduced.

Our medical negligence solicitors settled the claim for £65,000.

Delayed diagnosis of lung cancer

The Claimant, a retired lady in her 60s, underwent a chest x-ray for an unrelated medical condition. The reporting radiologist identified a suspicious mass in her lung and recommended further investigation. The report was filed with no action taken. Ten months later the Claimant reported suffering from severe shortness of breath. A further x-ray was taken which revealed a larger mass in her lung and a number of smaller masses. The hospital reviewed the earlier radiology and identified that the cancer was present on the earlier scan. As a result of the ten month delay in diagnosis the Claimant’s treatment options, life expectancy and quality of life were significantly compromised.

The claim was settled for £24,000.

Delayed diagnosis of ovarian cancer

The Claimant presented to A&E in hospital with severe abdominal pain and bloating, two ultrasounds were performed and the Claimant was diagnosed with fibroids. She remained concerned, however she was reassured by her treating gynaecologist. In later follow-up appointments with her gynaecologist, the diagnosis of a necrotic fibroid was maintained and arrangements were made for her to have a hysterectomy a number of months later. During the operation, instead of a fibroid, a large ovarian cyst was discovered and removed. Biopsies confirmed a diagnosis of ovarian cancer.

The Claimant received £230,000 in compensation for her injuries and financial losses as a result of the four month delay in diagnosing her ovarian cancer.

Misdiagnosis of bone cancer

The Claimant had previously been successfully treated for breast cancer and also suffered from a degenerative genetic condition. She experienced pain in her hip and her GP feared her cancer had recurred. Following a hospital referral the Claimant was mistakenly told that she had bone cancer. The hospital discovered their mistake but failed to rectify the situation. The Claimant remained under the impression that she had cancer for 5 weeks. She developed post traumatic stress disorder.

The claim was settled for £10,000.

Delay in diagnosis of kidney cancer

MB was seen by Derriford Hospital in September 2005 with abdominal discomfort. A CT scan showed an ovarian mass and renal mass, both suspicious of cancer. Following surgery, the ovarian mass was removed, but due to negligent treatment, the renal mass was not removed and there was no follow up investigation or confirmation of whether it was cancerous or not. Furthermore, MB was actually told that there were no concerns about the renal mass.

In 2011, following further abdominal discomfort, MB was again seen at Derriford Hospital and the renal mass was found again in June 2011. The explanation for the earlier errors of the hospital was that there had been “a bit of a hoohah” about the mistake. Following investigations, it was confirmed that the mass was cancerous, and by that time had spread to her lymph nodes around her kidneys. These were removed along with the kidney and treatment was provided over a year afterwards, including Cyberknife treatment, a complex type of treatment only available at a few locations in the UK.

It was very disappointing that the Trust were so slow to recognise their catastrophic errors and acknowledge the distress caused to the patient, but by robustly pursuing the claim with strong evidence, we were able to achieve the right and just result for MB.

After delays from the Trust in responding to the Claim, liability was admitted and a six figure sum of damages was obtained for MB in an out of court settlement in April 2014.