Tuesday, 25 October 2011

Tozers secures compensation for Devon based cancer misdiagnosis patient

TOZERS SOLICITORS

CG v Royal Devon & Exeter NHS Foundation Trust

A Devon woman has secured £30,000 damages to reflect a missed lung cancer at her local hospital.  When she presented at the RD&E in March 2009 with chest pains, a number of investigations including x-rays were performed and she was discharged.  When she returned two years later with similar pains, the older x-rays were looked at again and it was realised that these showed shadowing on the lung, clearly indicating an early cancer.  Her life expectancy is severely reduced as a result.

During the legal claim brought by Tozers LLP’s Exeter office, the hospital swiftly recognised that the cancer had been overlooked but argued that, even two years previously, the outcome would have been the same anyway. Both sides commissioned expert oncology opinion which came to opposing conclusions on this.  The matter was therefore compromised for £30,000, representing the risks faced by both sides.