Back to News

Lung cancer missed for two years

Lung cancer is the 3rd most common cancer in the UK. If diagnosed early, around 57% will survive for 5 years or more. The survival rate reduces to only 3% if the disease is in the later stages when it is diagnosed.

Matthew Gascoyne, a specialist medical negligence solicitor at Atherton Godfrey,  recently dealt with a case that illustrated the importance of early diagnosis.

Towards the end of 2016, his client, Mr B went to see his GP suffering from of a persistent cough. When anti-biotics didn’t improve his symptoms, the GP referred Mr B to the Royal Hallamshire Hospital in Sheffield.

There, Mr B had an x-ray that showed a shadow on his left lung and he was referred for an MRI and CT scan. Doctors were unconcerned. They told him that the shadow was likely due to his chest infection and no further investigations were needed.

Over the following months, his cough worsened, and he now had upper back pain. In the summer of 2018, Mr B went back to his GP. Again, he was prescribed antibiotics and referred for a further chest x-ray, this time he was sent to Northern General Hospital in Sheffield.

The x-ray and subsequent MRI and CT scan showed changes in his left lung, which were a cause for concern. Further tests were carried out, and in December 2018, Mr B was given the devastating news that he had lung cancer. Tragically, it had now spread to his lymph nodes and his condition was terminal.

A review of the imaging from his first hospital visit confirmed that cancer had been present, but he was told that earlier treatment would not have made any difference. Mr B disputed this. He believed that earlier diagnosis would have given him a different outcome and he started a medical negligence claim.

Matthew commented on the case: “This was a particularly tragic matter. We had concluded investigations and obtained expert evidence which fully supported Mr B’s claim.

“Although the cancer had been visible on the first scans, it was not diagnosed until the second scans two years later. By this time, the tumour had grown to the stage where it was causing increased discomfort, coughing and shortness of breath and the opportunity to undergo surgery was lost.

“Sadly, Mr B didn’t get to see the justice he deserved as he passed away from an unrelated condition, before his claim could be concluded.”

In cases such as these, it is quite usual for a family member to take over the case. Mr Bs daughter agreed to continue the claim and Matthew was able to recover £55,000 for the estate.

If you or a family member have been affected by a missed diagnosis, or any kind of medical negligence, call and have a confidential chat about your options. Our team can be reached on 01302 320621 or email info@athertongodfrey.co.uk 

Back to News

Furniture manufacturer fined for exposing workers to hardwood dust

A long established furniture manufacturer has been fined by the HSE for exposing its employees to the risk of nasal cancer and occupational asthma.

Andrena Furniture Ltd, based in Hoddesdon, Hertfordshire is a family owned business manufacturing high quality wooden furniture. Their website boasts that they combine traditional manufacturing methods with modern technology and guarantee that each piece is crafted to the highest of standards.

Unfortunately, these ethics did not extend to the health and welfare of their employees in the workshops who were repeatedly exposed to hardwood dust, a known cause of lung disease and nasal cancer, despite previous warnings and written advice from HSE inspectors.

Diane Parker, solicitor at Atherton Godfrey who specialises in work-related lung disease compensation claims, commented on the case: “An outdated and inefficient extraction system and a poor cleaning regime combined to expose workers to levels of dust that can have life-changing implications.

Breathing in dust from substances such as asbestos, wood, flour, even fur and feathers over a period of time can aggravate existing conditions such as asthma and can cause a number of potentially fatal lung diseases.”

Speaking after the hearing at Luton Magistrates Court, HSE inspector, Sandra Dias said: “Andrena Furniture Ltd was fully aware of the health and safety standards it needed to maintain.

This case should serve as a warning to others that HSE take seriously repeated breaches of health and safety law that exposes employees to health risks.”

Andrena Furniture pleaded guilty to breaching Regulations relating to the Control of Substances Hazardous to Health Regulations (COSHH) and was fined £8,000 and ordered to pay costs of £1081.40.

Author: Gail Harris