Abstract
Background to the Claimant's case
The Claimant (DOB: 28/05/1931), claimed damages for clinical negligence arising out of the treatment his, now deceased, wife received from the radiology department of Basingstoke and North Hampshire Hospital.
The Deceased, a non-smoker, whose date of birth was 01/02/1937, had attended Basingstoke and North Hampshire Hospital with a severe cough, which had persisted for 3 months. The Deceased underwent a chest X-ray in February 2006, which was reported as normal.
Subsequent consideration of the X-ray approximately 12 months later demonstrated that it in fact showed an area of abnormality and extra density behind the heart and, therefore, warranted further investigation. Those treating the Deceased, incorrectly suspected an ENT related problem and referred her to an ENT physician, who was unable to find anything of concern and discharged her from his clinic.
The Deceased's health continued to decline; she was experiencing shortness of breath, lethargy and a worsening cough. The Deceased underwent a second chest X-ray in April 2007 which led to her being diagnosed with lung cancer. Sadly, life expectancy was estimated at only 12–18 months, it by then being too late to offer anything but palliative care. In fact, the Deceased's health declined rapidly and she died from her lung cancer on 22 June 2007, just 6 weeks and 3 days after her diagnosis.
Allegations of negligence
The Claimant brought a claim on behalf of his wife's estate for her pain, suffering and loss of amenity, and upon his own behalf for bereavement damages, funeral expenses and loss of dependency.
It was the Claimant's case, based on expert evidence, that the Defendant should have followed up the 2006 X-ray with further investigations, which were warranted given the subsequent findings. Further, that had the 2006 X-ray been interpreted correctly by the Defendant, the Deceased would have had a better prognosis with a longer life expectancy. When the lung cancer was eventually diagnosed, it was advanced and staged at T4N3M0. When the Deceased was first X-rayed, the staging would have been T1N1. Had the Defendant diagnosed the Deceased earlier, it is very likely she would have undergone surgery to remove the diseased part of her lung; the tumour at that stage having remained localized and therefore operable.
Accordingly, it was the Claimant's case on causation that but for the failings in the care provided to the Deceased, the tumour would not have spread to the point of being inoperable. Instead, the Deceased would have had further tests in 2006, the tumour would have been operated on successfully and on the balance of probabilities, she would have had a longer life expectancy, statistically likely to have been a further three to fours years.
Settlement
A Letter of Claim was served on the Defendant following a conference with Counsel and the experts. Pleasingly, the NHS Litigation Authority conceded liability at an early stage on behalf of the Trust, thereby avoiding the need for litigation. The Claimant made an early Part 36 settlement offer supported by service of a fully pleaded Schedule of Loss. The NHS Litigation Authority accepted the Claimant's Part 36 offer within the protocol period. The claim settled for a gross sum of £70,000 plus costs. This sum reflected the Deceased's own pain and suffering, the care she was provided by her family, funeral expenses and the Claimant's loss of dependency. An approximate breakdown is as follows:
General Damages:
£32,000 £10,000 £3,000 £3,000 £22,000
The claim was funded throughout under a conditional fee arrangement.