Successful outcome in clinical negligence claim against the NHS relating to misdiagnosis of cancer

Our Lee Silk and Jack Plummer recently secured a successful settlement on behalf of a widow in her clinical negligence claim brought under the Fatal Accidents Act 1976 against an NHS Trust. Curzon Green acted on the basis of a Conditional Fee Agreement (‘no win, no fee’). 

The NHS Trust had negligently misreported the outcome of a CT colonoscopy as showing no abnormality, when in fact a tumour was present and indicative of treatment plan needing to be implemented immediately. The misdiagnosis was identified over 18 months later, at which point the cancer had spread significantly and was incurable, sadly ultimately leading to our client’s husband’s premature death.

The NHS Trust admitted breach of duty in its failure to accurately report the CT colonoscopy at an early stage. Liability remained disputed on the basis of causation, as the NHS Trust argued that prognosis and life expectancy remained unchanged. Medical evidence of a Clinical Oncologist was obtained in order to determine our client’s prognosis and support causation in the claim.

Settlement negotiations ensued between the parties, leading to a successful early resolution of the claim on favourable terms that provided for our client’s legal costs.

For details on how the Dispute Resolution Team may be able to assist you in relation to a claim for clinical negligence, please contact the team at disputeresolution@curzongreen.co.uk.