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  • Overview

    The clinical negligence team demonstrated their expertise when they recently recovered damages for a gentleman who suffered a delay in treatment of lung cancer following a hospital failing to follow up a suspicious chest ray. The case settled for an undisclosed award plus legal costs.

    Jonathan Herbert acted for Mr R who believed he had been compromised by a delay in treatment of lung cancer due to a failure to follow up a chest x-ray taken after admission to hospital with a mild heart attack. Lung cancer was diagnosed 10 months later after a repeat chest x-ray was taken after an admission to hospital with unrelated symptoms. The lung cancer was visible on the earlier image and it had increased in size in the meantime. The initial chest x-ray had been graded as ‘a code red’ but the report advising antibiotic cover to rule out infection with a review in 6 weeks time was never acted upon.

    Mr R eventually underwent a number of invasive tests and investigations including bronchoscopy and fine needle aspiration. Cancer was also found in his thyroid and he underwent surgery. After 3 courses of chemotherapy, Mr R underwent right upper lobectomy and nodal removal.

    Mr R continued to speculate ‘what if’ his lung cancer had been diagnosed earlier.

    Mr R believed that the delay in diagnosis had resulted in him undergoing more extensive treatment because of the cancer growth and that earlier treatment would have prevented the cancer spreading.  He suffered extreme anxiety and distress because of the delay.  The hospital accepted that Mr R suffered additional pain and suffering.

    Expert evidence confirmed that treatment would have been the same and that there was no change to his probable outcome.  However, had he known the reality of medical condition earlier, he would have been able to plan his life accordingly in the light of the prognosis that he should have been given.  Mr R had therefore been denied certain opportunities, such as to return to his native Australia for a final time.

    Mr R instructed Jonathan Herbert to pursue a medical negligence claim against the hospital.  Liability was admitted 14 days after delivery of a letter of claim and settlement was reached 11 days thereafter for an undisclosed figure plus legal costs.

    Jonathan Herbert specialises in medical negligence cases. If you would like to ask Jonathan a question about a potential case involving delayed diagnosis and treatment or you have a general query about medical negligence contact him on 01892 701226 in confidence.

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    We have one of the most well-established and experienced clinical negligence teams in the country. Our clinical negligence lawyers have a reputation for winning complex medical negligence cases and we have helped thousands of people claim compensation.   

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    Our dedicated clinical negligence team has successfully dealt with numerous clinical negligence claims arising from delayed diagnosis of cancer or misdiagnosis of cancer. Contact one of your specialist lawyers for a free initial consultation to find out if we can investigate your case with the financial security of a no win no fee agreement.

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    Claims for general medical problems

    Clinical negligence claims are often highly complex. If you have suffered as a result of negligence at a hospital or GP surgery, our specialist clinical negligence solicitors will investigate your medical negligence claim thoroughly and independently. Contact one of our specialist lawyers for a free initial consultation to find out if we can investigate your case with the financial security of a no win no fee agreement.

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Jargon Buster