UK Failure to Diagnose

In the UK, the failure to diagnose an injury or illness in a timely manner is one of the leading motives for making medical negligence compensation claims. However, not every compensation claim for the failure to diagnose is successful due to two factors – negligence and injury.

Failure to diagnose compensation claims have to show that “at the time and in the circumstances” a medical professional displayed a lack of skill that deviated from the accepted standard of care in the medical community. If it can be shown that another medical professional would have made the same misdiagnosis when presented with the facts of your case, a claim for the failure to diagnose may not be successful.

A failure to diagnose compensation claim also has to demonstrate that you suffered an avoidable injury or the significant deterioration in an existing condition. If, for example, a misdiagnosis or a late diagnosis would have resulted in the same outcome as if the correct diagnosis had been made, a claim for the failure to diagnose will not be successful. This is because although medical negligence has undoubtedly occurred, your health has not deteriorated any more than it would have as a result.

In order to establish negligence and injury, your solicitor would request access to your medical records and then have the records examined by an independent expert. If the expert concurs that the failure to diagnose resulted in an adverse event, then your solicitor will advise you on the process for making medical negligence compensation claims against the medical facility or individual responsible.

Family Get Compensation for the Misdiagnosis of Lung Cancer

A family grieving the death of a husband and father are to receive an undisclosed settlement of compensation for the misdiagnosis of lung cancer.

Frank Golby from Whoberley in Coventry had been referred to Coventry University Hospital in May 2010 for a CT scan after visiting his GP with a persistent cough. The scan showed a 1cm-wide nodule on his left lung, but doctors missed the signs of a deadly tumour and Frank was diagnosed with a chest infection.

Frank returned to the hospital on several occasions complaining of breathing problems and anaemia, but the 2010 scan was never reviewed. It was only when a chest x-ray on 17th February 2012 revealed that that the tumour on his lung had grown to five times its original size was the correct diagnosis made; but it was too late for Frank – who died the following day, aged 65.

Frank´s family sought legal advice and made a claim for the misdiagnosis of lung cancer on the grounds that, had the nodule been correctly identified in 2010 at a stage when the cancer was treatable, Frank would have lived for at least a further ten years.

After a review of the negligent treatment Frank had received, his wife, son, daughter and two grandchildren were offered an apology by the University Hospitals Coventry and Warwickshire NHS Trust and an undisclosed five-figure settlement of compensation for the misdiagnosis of lung cancer was agreed between the Trust and solicitors representing Frank´s family.

Read More

Cancer Misdiagnosis Victim Wins Hospital Negligence Claim

A woman who had her stomach erroneously removed after being misdiagnosed with cancer has won her hospital negligence claim and received an undisclosed settlement from Mid Staffordshire General Hospitals NHS Trust.

The 74-year-old woman from Rugeley, Staffordshire, underwent the surgery in 2004 after doctors told her that a tumour in her stomach was malignant. She later discovered from support medical staff that her test results had been misinterpreted and that the tumour was benign.

As a result of her operation and long recovery period the woman, who wishes to remain anonymous, has lost a significant amount of weight and suffers from painful digestive problems. She has been unable to continue the voluntary work she did before the operation and now requires regular care and assistance.

The undisclosed out-of-court hospital negligence claim settlement has been calculated to include the psychological trauma of being told that she had a life-threatening tumour inside of her and the deterioration in her quality of life due to the unnecessary surgery. It will enable the woman to receive a higher level of care in the future and support to help her recover from her emotional ordeal.

Read More

Hospital Medical Negligence Settlement Approved for Misdiagnosed Spinal Injury

A man (25), whose schoolboy spinal injury was overlooked eleven years ago – leading to years of pain and difficulty with walking – has settled his hospital medical negligence claim with the Tameside Hospital in Manchester in an undisclosed out-of-court settlement.

Liam Careless, was just twelve years of age when he went to the Accident and Emergency department of the Tameside Hospital complaining of feelings of paralysis on his neck. Liam was x-rayed, detained overnight and discharged from hospital the next day with a neck collar for support.

However, after four years of continuous  pains in his neck, another x-ray revealed that the serious damage to Liam´s spine had been overlooked – damage which could have been resolved with prompt surgery at the time of his original complaint.

Now faced with lifelong of pain, a weak neck and a difficulty with walking, Liam sought legal advice and brought a hospital medical negligence claim against the Tameside Hospital. The Hospital admitted that they were liable for the error and offered Liam a six figure sum in compensation to provide ongoing care.

Read More

Undisclosed Compensation for Undiagnosed Brain Tumour

A former Church of England assistant minister, whose brain tumour was left unattended for three years, is to receive a substantial out of court settlement for medical negligence.

Adrian Underwood, 42, from Birmingham, had been studying a theology course in Nottingham in 2001, when he started to suffer severe headaches. He was referred to Nottingham University Hospital, where he underwent a brain scan which revealed a growth inside his skull, but no further action was taken and Adrian was discharged – being told he had nothing more serious than a migraine.

Adrian was unable to finish his course – moving back to Birmingham to take the position of a curate. However, his health continued to deteriorate, and it was during a medical investigation in 2004 to determine why Adrian was losing his sight that the much enlarged brain tumour was noticed after a scan at Birmingham Eye Hospital.

An emergency operation removed a tumour the size of a lemon, which had forced down upon Adrian’s brain and formed a lump in his head. Adrian now suffers from regular fatigue and epilepsy as a result of this oversight – medical conditions which could have been avoided if the tumour had been removed after the initial scan.

Nottingham University Hospitals NHS Trust admitted liability but did not add any further comment.

Read More