£160,000 Settlement Secured After Delay in Diagnosis of Lung Cancer by NHS Trust

The Claimant was seen at the Trust in October 2019, at which time a lesion was identified in the right upper lobe of the lung. No follow-up review or further imaging was arranged and the Claimant was lost to follow up. The Claimant was not seen again until April 2023, representing a delay of approximately three years and three months.

It was alleged that this delay fell below a reasonable standard of care and, on the balance of probabilities, resulted in the Claimant losing the chance of curative treatment.

Had the Trust carried out the recommended follow-up scan, it is likely this would have demonstrated an enlarged right upper lobe lesion. This would have been discussed at a multidisciplinary team meeting and, given the Claimant’s smoking history, a biopsy or excision would likely have been recommended. A PET-CT scan would have shown no metastatic disease and the cancer would likely have been staged as T1bN0M0 (Stage IA2). Surgical management would have been offered.

Instead, the cancer progressed. A CT scan in February 2023 showed an increase in the size of the right upper lobe lesion, mediastinal lymphadenopathy and further lung involvement. The cancer was staged as T1bN3M0.

The Claimant commenced chemotherapy in May 2023 and requires ongoing maintenance treatment. This has caused significant fatigue, painful mouth ulcers affecting speech and eating, weight loss and a substantial reduction in quality of life. The Claimant’s life expectancy has been reduced by approximately 12.5 years.

Forbes Solicitors were instructed in 2024. Following investigation and a detailed Letter of Claim, the Defendant admitted a breach of duty, accepting that the Claimant had been denied the chance of curative treatment. Proceedings were not issued. Expert evidence was obtained and a Schedule of Loss prepared.

The claim settled for £160,000, reflecting compensation for:

• Pain, suffering and loss of amenity

• Financial losses

• Future care and treatment

Leonie Millard, a clinical negligence expert at Forbes Solicitors, secured a £160,000 settlement.

How Forbes Solicitors Can Help You

Our expert solicitors will discuss your clinical negligence claim with you and ascertain whether you have a viable claim and a strong chance of success. We offer services nationwide. We can offer consultations by telephone or video call, or in any of our branches across the UK.

If you have experienced an injury at work or need legal guidance, our team is here to help. For more information or to discuss your case, contact our Clinical Negligence division.