9th October 2019 – Our client’s father, Mr O, was investigated by East Kent Hospitals University NHS Foundation Trust at the end of 2013 because he was not well and coughing up blood. The investigations included x-rays, which unfortunately were not reported as suspicious for malignancy even though there was a clear ill-defined mass on the images.
Mr O was eventually diagnosed with lung cancer 12 months later which was by then terminal.
He approached Fairweathers Solicitors because he felt that unacceptable mistakes had likely been made during investigations.
With the help of an expert Consultant Radiologist, we established that Mr O’s views were indeed correct and that his imaging had been negligently reported.
Unfortunately, although we got some of the answers he needed for him, we were unable to conclude the case before Mr O died. His daughter decided to take over the case, however, as Executrix of her dad’s Estate.
We secured a report from an Oncologist, indicating that, but for the delayed diagnosis, Mr O would have been offered curative treatment and survived.
A Letter of Claim was sent to East Kent Hospitals University NHS Foundation Trust setting out full details of the case. The Trust responded by making partial admissions and sensibly inviting settlement negotiations.
A detailed Schedule of Losses was calculated setting out the damages due not only to Dad’s Estate but also his dependents left behind and no longer receiving his support.
After sending the Schedule of Losses to the other side the case was ultimately settled via negotiations for £60,000.
Steve Evans the Solicitor with conduct of this matter commented:
“This is a good settlement and whilst I am pleased to have been able to help Mr O’s family, it is regrettable that Mr O died without resolution.
Cancer cases are very emotive and an important part of the legal process is to find out what went wrong and why, as well as obtain compensation. The family now has a much better understanding of what happened to their Dad.”