Lung Cancer – A Case Study
Posted on in Medical Negligence
At Tozers, we have been supporting people who have experienced substandard treatment in respect of their cancer diagnosis/management for years. In this article, Michelle Beckett reflects on a case of hers where there was a missed opportunity to diagnose her client’s lung cancer, which sadly had catastrophic consequences.
Lung Cancer – the facts
- Cancer that starts in the lung is called primary lung cancer.
- Lung cancer is the 3rd most common cancer in the UK. More than 43,000 people are diagnosed with lung cancer every year.
- Between 2021 and 2023, it was the most common cause of cancer death in the UK.
- Lung cancer starts in the windpipe, the main airways, or the lung tissue itself.
The main types of primary lung cancer are:
- Non-small cell lung cancer; and
- Small cell lung cancer.
Around 80-85% lung cancers are non-small cell lung cancer, and the 3 main types are:
- Adenocarcinoma (most common with a slower growth rate than other types of lung cancer).
- Squamous cell carcinoma (second most common, with a faster growth rate than adenocarcinoma).
- Large cell carcinoma (thought to be more aggressive than other non-small cell types).
- The main risk factor for any lung cancer is smoking – 72% lung cancers are caused by smoking.
- There are prescribed guidelines dealing with referral and diagnosis, and the initial investigations that should be performed when lung cancer is suspected.
- Treatment will vary depending upon the type of lung cancer, its size and position, and how far it has spread.
- Lung cancer survival has increased in the last 50 years in the UK.
- Early diagnosis is key to improving outcomes and can make a big difference to a person’s chance of survival.
What happened in this (KR’s case)
KR was an active person who had engaged in a physical career for the majority of her working life.
In her mid-fifties, KR attended the hospital with reports of chest pain. Although investigations were conducted, they were not followed up on appropriately.
A number of years later, KR reattended the hospital with chest pain. This time, she received the appropriate follow-up, which led to her being diagnosed with lung cancer.
Sadly, by the time that KR’s cancer was diagnosed, it was not curable, and she was given a terminal prognosis. It has been submitted that had appropriate care been received earlier, KR’s cancer would have been curable and would not have had such a devastating impact upon her life.
As a result of the delay, KR has suffered debilitating symptoms. She was forced to take early retirement, and her activities of daily living are extremely curtailed.
We asked KR for her thoughts about her current symptoms and her legal claim. Her answers are below:
KR’s comments
Q. Can you tell us about how the delay in diagnosing your lung cancer has impacted your life?
A. “My delay in being diagnosed has taken away my future plans, my job, which I loved, basically my life, and given me a death sentence.”
Q. What does life look like for you now?
A. “My life now looks bleak. I won’t get to watch my grandchildren grow up, I can’t do certain things with my family, and I’m rushing to make memories in a short time”.
Q. Why/when did you decide to investigate a possible legal claim?
A. “My family encouraged me to take legal action, hoping that making them realise the mistakes they made in diagnosing me would make them change things, so others wouldn’t have to go through what we are and give them a chance”.
Q. What difference has bringing a legal claim made?
A. “The difference a legal claim has made to me is I can die knowing I have been able to continue to help my family”.
Q. What advice would you give to someone thinking about bringing a legal claim?
A. Please do it. For me, it was about getting people to accept responsibility for the mistakes and hopefully changing things for the better.
Michelle’s comment
The circumstances of this case are extremely sad. Had KR received appropriate treatment in the years before the diagnosis of lung cancer was made, she would not be in the situation that she is now, with a limited life expectancy. I have met with KR and her family on a number of occasions, and my heart goes out to them. The resilience and courage that they all have shown in this devastating time is commendable, and I hope that they are able to enjoy the limited time that they have left together.
Sadly, this is a situation that I do come across all too often. Despite KR seeking treatment, she did not receive appropriate care, which has had a devastating impact on her and her family. Although I appreciate that we cannot turn back time, it is hoped that KR and her family can be provided with the support that they need because of these tragic circumstances.
If you or a family member are concerned about a delay in diagnosis, please do not hesitate to get in touch with our experienced and knowledgeable team, who can provide legal support and guidance.
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