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Case Summary: W v UHD - Karen Cawood, Spencers Solicitors

Case Name: W v UHD

Date of knowledge: 12th July 2016

Settlement date: 27th April 2020



This is a clinical negligence claim. W was diagnosed with breast cancer in February 2016. It was a Grade 3 invasive carcinoma of the left breast. A biopsy also confirmed metastatic cancer to the left lymph nodes.

W underwent a CT scan in March 2016. The results were negative. W was referred to see an Oncologist to discuss chemotherapy treatment prior to surgery. Treatment started late March 2016 involving 6 sessions 3 weeks apart. Breast lumpectomy surgery was booked for August 2016. The final chemotherapy session took place July 2016.

Prior to surgery the consultant confirmed W would undergo a lumpectomy not a mastectomy and this was scheduled in for 10th August 2016.

W then received a telephone call from the consultant at the beginning on July 2016 to say a face to face appointment with W needed to take place a few days later. W attended the appointment to be told by the consultant that the wrong CT scan results had been given. W in fact had a lesion on the right lung which needed to be scanned and the forthcoming operation in August would need to be cancelled.

W was told by the hospital that an independent enquiry would need to be held to find out why incorrect test results had been given.

A further CT scan revealed a nodule in the right lower lobe of the lung and two further ones in the greater omentum. Lung cancer was diagnosed.

Further tests and investigations were carried out and W underwent lung surgery in October 2016 and a breast lumpectomy in November 2016. W started a course of radiotherapy treatment in February 2017.

Liability + Quantum

A serious incident investigation report was carried out by the hospital trust which identified a number of care and service delivery issues. Breach of duty was admitted by the trust.

W suffered from severe anxiety and depression, made significantly worse by the misdiagnosis and delays.

Solicitors for the Claimant: Karen Cawood, Spencers Solicitors

Solicitors for the Defendant Browne Jacobson Solicitors

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