Lung Cancer Misdiagnosis and Negligence
Lung cancer is one of the most common and severe forms of cancer, and early diagnosis is critical for effective treatment. When healthcare providers fail to diagnose, delay diagnosis, or misdiagnose lung cancer, it can have devastating consequences for the patient and their family. At O’Donnell Solicitors, we understand how these situations arise and are here to help you navigate potential medical negligence claims with professionalism and care.
What is lung cancer?
There are two main types of primary lung cancer, which are classified by the type of cells in which the cancer starts growing. The first, non-small cell lung cancer, is the most common type of lung cancer and can be one of three types: adenocarcinoma, squamous cell carcinoma, or large cell carcinoma. The second, small cell lung cancer, is less common but usually spreads faster than non-small cell lung cancer.
Secondary lung cancer, also known as lung metastases, is where cancer has spread to the lungs from another part of the body.
How is lung cancer diagnosed?
The GP will assess general health and may arrange a blood test to exclude other potential causes of the symptoms. The GP should refer a patient for an x-ray if lung cancer is suspected, and if this confirms the diagnosis, a referral should be made to a specialist in chest conditions. This will usually lead to a CT scan being performed, and if this confirms the diagnosis of cancer, a PET-CT scan will be performed to assess the extent of active cancer cells and guide treatment. Tissue samples will be extracted by way of bronchoscopy, thoracoscopy, mediastinoscopy or percutaneous needle biopsy, and analysis will lead to the staging of the cancer.
How is lung cancer treated?
According to the NHS, once the lung cancer has been staged, the treatment plan will be formulated. Treatment options include surgery, chemotherapy, radiotherapy, immunotherapy or biological therapies. Surgical options include lobectomy (removal of part of the lung), pneumonectomy (removal of the whole lung) wedge resection or segmentectomy (removal of a small part of the lung).
What clinical negligence issues arise with the diagnosis and treatment of lung cancer?
A clinical negligence claim may arise where there has been a failure to diagnose lung cancer, a delayed diagnosis of lung cancer or a misdiagnosis of lung cancer. A failure to diagnose lung cancer may be due to a radiologist missing the cancer on an x-ray or CT scan; a delayed diagnosis of lung cancer may occur if the GP fails to make a timely referral or if a radiology referral for specialist review is not actioned, and a misdiagnosis of lung cancer may occur if the x-ray or CT scan findings are thought to be an infection.
Where clinical negligence has occurred, the patient will usually experience a prolonged period of pain, suffering and loss of amenity. In more serious cases, the delayed diagnosis results in the progress of lung cancer to a higher stage, meaning that more intensive treatment may be required, and life expectations may be reduced.
Compensation may be claimed for the pain, suffering and loss of amenity that is caused by the negligence plus special damages for past and future expenses. If the patient dies because of the negligence, compensation may include the statutory bereavement award, funeral and memorial costs and loss of dependency on the deceased’s income and services.
Case Study: Delayed diagnosis of lung cancer
Kenneth Lees, Head of Medical Negligence at O’Donnell Solicitors, has previously advised the family of a patient who sadly died following the delayed diagnosis of lung cancer.
A chest x-ray was reported to show a mass in the upper lobe of the left lung, and the radiologist recommended that a CT scan be performed. The radiology report was delayed for over a week and was then sent to the wrong department and not forwarded. The patient became lost to follow up until, approximately a year later, they underwent a scan which incidentally identified the lung mass. Further investigations led to the diagnosis of small-cell lung cancer. The patient underwent surgery followed by radiotherapy and chemotherapy. Sadly, they deteriorated and died within twelve months of the diagnosis of lung cancer.
Kenneth investigated the claim by obtaining medical records and instructing experts to report on the breaches of duty of care, the injury and loss that had been caused to the patient, and their condition and prognosis. The evidence concluded that but for the negligence, the patient would have been diagnosed at a much earlier stage, her treatment would have been less intensive and, crucially, they would have been cured. Admissions of liability were secured from the NHS Trust responsible for the negligence and an out of court settlement was achieved.
Contact Us
If you would like to discuss your lung cancer claim with a specialist clinical negligence solicitor, please email Kenneth.Lees@odonnellsolicitors.co.uk or telephone 01457 761 320 and a member of the team will contact you for a free, no obligation discussion.
