Case Study: Failure to Diagnose Lung Cancer

Compensation: £25,000

Andy, 50 years old

JMW has secured a payout of £25,000 for a family after a member of the family received negligent medical care which resulted in a late diagnosis of lung cancer, eventually causing his death.

Andy was 50 years old when he had a heart attack and was admitted to hospital. The report of the chest X-ray noted a shadow on the lung which was suggestive of cancer and it was recommended that Andy have an urgent CT scan. For some reason the report was filed in the notes before it was seen by the doctor, and therefore no action was taken.

Six months later Andy saw his GP with a chesty cough which had lasted 3 weeks, hoarseness and some weight loss. The GP immediately suspected cancer and referred Andy urgently to the chest clinic. He had a CT scan and bronchoscopy, which confirmed small cell cancer of the lung.

Tragic death

Unfortunately, six months later, after initially responding well to chemotherapy, Andy’s condition deteriorated and he passed away.

The claim for negligence

Although small cell cancer of the lung is rarely curable, JMW Solicitors alleged that had the treatment been started after the first suspicious X –ray Andy would have lived for an extra 9 months.


The case was settled and Andy’s family received £25.000 compensation.

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