Award After Delayed Cancer Diagnosis Leads to Patient’s Death
13 July 2015
Slater and Gordon Solicitor: James Bell is a Clinical Negligence Solicitor at Slater and Gordon Lawyers in London.
James is highly experienced in all areas of clinical negligence and has also handled complex multi-claimant actions that have included acting on behalf of many of the injured and bereaved connected to the Ladbroke Grove and Potters Bar train crashes.
Settlement Value: Confidential
What happened: Following a fall, James’ client developed a lump on her forearm in March 2010. The swelling in the woman’s forearm continued and she was referred for an MRI scan in July 2010.
The scan was wrongly reported as normal and James’ client was not given a biopsy despite the significant growth of the lumps.
The woman was referred urgently to hospital in October 2010 but was not seen until February 2011 - a seven month delay from the time of her MRI scan.
She was then referred to a Sarcoma Unit where a further MRI scan was performed and she was advised that she actually had cancer. By this stage, James’ client had three very large lumps on her arm. The only treatment at this point was amputation.
Impact: Unfortunately the delay in amputating the woman’s left arm led to the sarcoma spreading, ultimately causing her death in October 2012.
How James helped: James was instructed prior to the client’s death. He reviewed the case and concluded that his client had good prospects of success and agreed to pursue the claim under a Conditional Fee Agreement (CFA), commonly known as a no win, no fee agreement.
Medical evidence was obtained and details of the client’s losses and expenses collated before proceedings were issued. James negotiated with the defendants and reached agreement on the settlement amount although liability was strongly disputed.
Decision: The case settled for an undisclosed sum and the client’s widower was pleased with the outcome.
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