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£2.8 million recovered for patient despite previous solicitors advising her not to pursue claim

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Posted by Elizabeth Smith on 28th June 2022

Medical Negligence

Delayed diagnosis

In 1999, our client fell at home, fracturing her leg. She was treated by various consultants at the hospital for a period of 5 years following her injury and underwent 28 x-rays. However, no scans were performed.

In January 2005, Mrs K experienced constant pain and was referred back to the hospital. She underwent further investigation and was sadly diagnosed with a tumour, where her fracture had occurred. 

Mrs K underwent surgery to remove the bone in her leg and was provided with a prosthetic replacement.

Unfortunately, Mrs K continued to suffer pain and 2 years later, she underwent further investigation and was diagnosed with a malignant tumour. Mrs K underwent more extensive surgery, where part of her hip and femur were removed.

Mrs K also developed a tumour in her lung, but despite the extent of her cancer, is now in remission.

However, she was left significantly disabled because of the extensive surgery which she underwent and has been unable to work since 1999 while still requiring extensive care and therapy.

Mrs K originally instructed a firm of Personal Injury lawyers to investigate her claim who advised there was no evidence of any tumour at the time of the fracture, but this opinion was formed without them reviewing the x-rays, as they couldn’t locate them.

How we helped claim compensation for the delay in diagnosis of our client's tumour

When Mrs K found out she had a malignant tumour, she instructed our Head of Medical Negligence, Elizabeth Smith, to investigate her claim. We were able to locate the original x-rays which clearly showed the tumour was present in 1999.

We successfully pursued Mrs K’s claim on the basis that if the correct diagnosis had been reached in 1999, she would have undergone surgery to replace her femur without the need for further surgery and the spread of her disease.

We successfully settled this claim for £2.8 million.

How we can help you

Our specialist Medical Negligence team regularly act for clients who have suffered because of a delay in diagnosing a wide variety of cancers, including lung cancer, bowel cancer and breast cancer and succeed in recovering damages for them and their families where their condition has become terminal.

A successful clinical negligence claim requires a specialist lawyer with expertise that encompasses both legal and medical knowledge. If you are pursuing a claim, instructing solicitors with a specialist clinical negligence team of accredited experts, rather than using a generalist personal injury lawyer, could make all the difference.

If you or a loved one have suffered medical negligence and would like to discuss this with our experts, contact us on 01752 292204 for a free, no-obligation consultation.