Our client, Mr M, a widower from Folkestone, brought a claim arising out of the death of his wife who sadly died of lung cancer on 10th June 2012.
Regrettably the cancer was missed on an x-ray taken in July 2006 and the deceased was denied curative treatment as a result.
After his wife died Mr M approached us to investigate what happened and an expert Consultant Radiologist identified the error made with the x-ray.
A Letter of Claim was sent to East Kent Hospitals University NHS Foundation Trust alleging that but for the negligence the deceased would have been offered earlier treatment and survived.
The Trust investigated and regrettably denied liability thus forcing the claim into litigation. During this time our client moved back to Scotland but was determined to continue with his case.
The case was fully fought on both liability and causation with a range of experts involved until shortly before Trial when the parties conducted settlement negotiations in London and the Defendant agreed to pay £140,000.
Stephen Evans, the Solicitor with conduct of this matter throughout, commented:-
“The facts of this case were plain to see from the outset and it is difficult to understand why the Defendant felt it was necessary to drag out the claim process only to settle generously close to Trial years later without an apology.
Whilst compensation will never change what happened, my client now has greater financial security as a result of his determined efforts to seek justice.
At the conclusion of the case Mr M wrote to the firm:
“Thank you for your moral support and encouragement you gave me in a very dark time in my life”.