£100,000 damages for cancer patient failed twice by Ealing Hospital
In 2001, he pursued a cancer diagnosis claim against Ealing Hospital for failing to recognise and treat a cancer near his lung. That case was settled for £110,000 in April 2002.
Byron had deliberately waited to settle this claim on the outcome of an MRI scan of his chest which was carried out in the same month.
In June 2002, Byron began to have chest symptoms and he returned to the Charing Cross Hospital for further investigations. It was soon established that there had been a recurrence of his cancer.
On further consideration, the clinicians established that the MRI scans performed in August 2001 and in April 2002 had shown the tumour.
If the MRI scans had been reported accurately the tumour would have been significantly smaller and chemotherapy and subsequent surgery easier to facilitate.
In fact, Byron had heroic surgery to remove the tumour and against all the odds has done very well.
Paul McNeil acted for Byron in both cancer diagnosis claims. Proceedings were issued in June 2005 and the case was fixed for trial for July 2007.
Although the hospital’s clinicians recognised the mistakes its lawyers did not and the case was fought vigorously up until a few weeks before the trial. The defendant agreed to pay the sum of £100,000 and all of Byron's costs.
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