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Case Study

Half a million pound compensation following 20-month delay in lung cancer diagnosis

Jonathan Zimmern settled a case for 79-year-old Margaret following a delay in diagnosis of her lung cancer at Lister Hospital. Her diagnosis is now terminal and she is receiving palliative care.

Margaret attended A&E at the hospital after falling in January 2019. A routine chest X-ray, part of the hospital's protocol for patients over 60 with this type of injury, showed a significant abnormality on her lungs, but the hospital never contacted Margaret about the scan.

In February 2020, Margaret underwent a CT scan for a separate issue that showed the abnormality on her left lung. Following further investigations, Lister Hospital diagnosed her with late stage, terminal cancer, 20-months after the chest X-ray.

By the time of her diagnosis, Margaret's cancer was too advanced for curative surgery and/or chemotherapy.  Her only option was palliative immunotherapy which she began in December 2020.

Margaret instructed Jonathan to investigate a case on her behalf. With the support of expert evidence, Jonathan argued that Lister Hospital failed to follow-up on the chest X-ray, which meant that her lung cancer went undiagnosed for over 20 months and untreated for 23 months.

Lister Hospital accepted that there had been a failure to follow up on her chest X-ray and that with timely treatment, her cancer would have been cured. Settlement negotiations followed and Jonathan was able to achieve just over £520,000 for Margaret.

At the end of the case, Margaret said:

"Jonathan made what could have been a very difficult and stressful time, as painless as possible. I felt safe in his hands because he was so accessible, reassuring and kind. He knew what he was doing and provided practical help and support so that I did not feel that I was embarking on this litigation on my own. I really am very grateful. To have achieved the outcome which we did was a bonus!"

Contact us

For further information about delayed diagnosis claims and medical negligence claims, please call Jonathan Zimmern on 03304606779 or email jonathan.zimmern@fieldfisher.com.

Alternatively

All enquiries are completely free of charge and we will investigate all funding options for you including no win, no fee.

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