Paul McNeil recovered compensation in a cancer diagnosis claim for Christopher following a delay in diagnosing throat cancer. This delay resulted in Christopher needing a permanent tracheostomy, which would have been avoided if an earlier diagnosis had been made.
Christopher had attended his GP with a long-standing sore throat and hoarse voice.
Christopher's GP suspected cancer and urgently referred him to the hospital where he was examined by a consultant who could find no abnormalities.
The consultant referred him to a speech therapist and indicated that he would be reviewed in the ENT clinic eight weeks later.
That review did not take place. In the meantime, a lump in the Christopher's throat developed and began to swell and his condition deteriorated.
It was not until November 2002 that Christopher was seen by the consultant and a CT scan was urgently arranged.
Initially the diagnosis of laryngeal cancer was given. Christopher underwent significant surgery, which removed his thyroid, part of his larynx and left him with a permanent tracheostomy. He could no longer work as a carpenter.
We were successful in arguing with expert support that the hospital were negligent in failing to follow up with Christopher within eight weeks. With proper treatment the surgery would have been carried out in early August rather than early December 2002.
This failure allowed the tumour to grow and involve other structures in the throat. Crucially, we received strong support that the permanent tracheostomy would have been avoided with earlier surgery.
Although the hospital accepted negligence (the failure to follow up), it denied that there were any consequences of its failure.
Proceedings were issued and the matter was fixed for trial for July 2005.
The case settled in the sum of £350,000 with costs in addition a few days before the trial.
Paul McNeil conducted the claim using Legal Aid.
- You can speak to our medical negligence solicitors on freephone 0800 358 3848
- e-Mail us at email@example.com
- Complete our short enquiry form
All enquiries are completely free of charge and we will investigate all funding options for you including no win, no fee.
Contact us on freephone 0800 358 3848
Or start your claim online.
"The group is praised for its commitment to 'demystifying the legal process' while this is a firm for which the client has always been a priority"
Charities we support
Personal injury team celebrates social hub for amputees and their families
Fieldfisher hosted the first informal central London meeting hub organised for amputees and their families in association with the Limbless Association (LA)
Further criticism of sub-standard care at Basildon Hospital following death of new-born
At the inquest into the death of a baby boy at Basildon Hospital last year, the coroner concluded that serious failings by staff contributed to the baby's death at one day old.
Jane Weakley welcomes CYRIL technology to test new-borns at risk of cerebral palsy
Researchers at University College London (UCL) have developed a non-invasive monitoring system, small enough to take into neonatal intensive care units, which shines infrared light into new-born babies' brains to detect possible brain damage within a few hours of birth.
Claire Horton comments on Countess of Chester hospital nurse arrest
Claire Horton comments on the distressing case of Lucy Letby, the nurse accused of murdering and attempting to murder babies and infants in the neo-natal unit of the Countess of Chester hospital between 2015 and 2016.
Simple scan to identify breech babies supported by partner Jane Weakley and senior midwife Charlene Francois
Proposals for coroners to investigate late-term stillbirths would provide relief to grieving families