Paul
McNeil recovered compensation in
a cancer diagnosis
claim for Christopher following a delay in
diagnosing throat cancer. This delay resulted in Christopher
needing a permanent tracheostomy, which would have been avoided
if an earlier diagnosis had been made.
Christopher had attended his GP with a long-standing sore throat
and hoarse voice.
Christopher's GP suspected cancer and urgently
referred him to the hospital where he was examined by a consultant
who could find no abnormalities.
The consultant referred him to a speech therapist and
indicated that he would be reviewed in the ENT clinic eight weeks
later.
That review did not take place. In the
meantime, a lump in the Christopher's throat developed and
began to swell and his condition deteriorated.
It was not until November 2002 that Christopher was
seen by the consultant and a CT scan was urgently arranged.
Initially the diagnosis of laryngeal cancer was
given. Christopher underwent significant surgery, which
removed his thyroid, part of his larynx and left him with a
permanent tracheostomy. He could no longer work as a
carpenter.
We were successful in arguing with expert support
that the hospital were negligent in failing to follow up with
Christopher within eight weeks. With proper treatment the
surgery would have been carried out in early August rather than
early December 2002.
This failure allowed the tumour to grow and involve
other structures in the throat. Crucially, we received strong
support that the permanent tracheostomy would have been avoided
with earlier surgery.
Although the hospital accepted negligence (the
failure to follow up), it denied that there were any consequences
of its failure.
Proceedings were issued and the matter was fixed
for trial for July 2005.
The case settled in the sum of £350,000 with costs
in addition a few days before the trial.
Paul McNeil conducted
the claim using Legal Aid.
For further information or if you have an cancer diagnosis claim, call Paul McNeil on 020 7861
4019
or email paul.mcneil@ffw.com
You can discuss your cancer diagnosis
claim with any member of our medical negligence team on
freephone 0800 358 3848, email personalinjury@ffw.com or
complete our short enquiry form.