Case Report - A on behalf of Estate of B v C NHS F Trust


IN THE COUNTY COURT MONEY CLAIMS CENTRE

Case Number - D86YM033

Date of Negligence - November 2011

Settlement Date - 31st May 2018

TOTAL NET SETTLEMENT - £12,500.00

Background

B was diagnosed with lung cancer in or around November of 2011 and was advised that there was no treatment for her condition. She was discharged from hospital and no follow up by the respiratory department was arranged.

B suffered increased pain, reduced mobility and her health deteriorated because of the absence of any treatment / any accurate diagnosis for what was in actual fact an inflammatory arthritic condition.

Despite her diagnosis B did not suffer any decline in her respiratory condition and in May 2013 attended her GP who arranged further investigations. In June 2013 it was confirmed following a CT scan that she had been misdiagnosed with lung cancer, when she was in fact suffering from rheumatoid arthritis.

Due to the length of time the condition had been left untreated the treatment undertaken thereafter was unsuccessful and B was left with very limited use of her limbs, she moved to a care home in November 2013 where she died in 2014.

It was estimated that B's life expectancy was reduced by approximately 3 years as a result of the delay in the diagnosis.

Liability

The Claimant's position was that the diagnosis of lung cancer was based on insufficient assessment with the CT scan being suspicious of, but not diagnostic of, lung cancer.

The Defendant position was that the Claimant was too ill to undergo further tests, however the Claimant contended this position was based on an inadequate clinical assessment.

Further the MDT assessment was inadequate; no further management plan such as observation with repeat CT scan was considered, no follow up in the respiratory clinic was arranged nor were any palliative care arrangements put in place.

Overall the diagnostic and treatment decisions taken were below the standard of care recommended for lung cancer patients and as a result of the diagnosis given to the Claimant her rheumatoid arthritis went untreated and led to her protracted pain and suffering.

Breach of duty was denied by the Defendant throughout.

Settlement was agreed between the Parties without any formal concession of breach of duty following the issue of court proceedings and the Defendant liability position was considered when reaching settlement.

Quantum

The Claimant's solicitors issued proceedings due to the Defendant making only a minimal Part 36 offer of £4,000.00 pre-issue.

The Claimant's claim comprised a claim for PSLA, some care and assistance, travel expenses and funeral expenses.

The Defendant contended the Claimant's additional care would have been required in any event.

Settlement was agreed between the parties by way of Part 36 in the global sum of £12,500.00.

Solicitor for the Claimant - Andrea Ribchester-Hodgson of Spencers Solicitors

Solicitor for the Defendant - Margaret Duncan of Kennedys Law

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