7 May 2026 | Case Study | Medical negligence case studies | Article by Ruth Powell

Delay in diagnosis of lung cancer results in incurable prognosis

Our client Jane* (name change for privacy reasons) received a gross settlement of £130,000 in compensation after clinical negligence caused a delay of more than 12 months in diagnosing her lung cancer. During that time, her condition progressed from stage 1A to stage 4, meaning she sadly was unable to have curative treatment.

Misdiagnosis story

On 28 January 2022, Jane underwent a chest X-ray for an unrelated issue. This identified an abnormality in the right mid-zone of her chest. A repeat X-ray in February 2022 confirmed that the abnormality persisted. Despite this, no further investigations were arranged.

In October 2022, a further chest X-ray was carried out due to electrolyte disturbances. This again identified abnormalities and was coded as ‘cancer’, with a recommendation for an urgent CT scan within 4–6 weeks. However, the results were not acted upon promptly, and there was a six-week delay before they were reviewed.

As a consequence, the recommended CT scan did not take place until January 2023, approximately three months later. The scan, reported on the same day, identified a lung lesion
likely to be cancerous and recommended urgent discussion at the lung cancer multidisciplinary team (MDT) meeting. These findings were neither communicated to Jane nor were they acted upon.

Delay in performing CT scan

It was not until 4 May 2023, some six months later, that the CT scan results were identified and brought to the attention of the respiratory team. Jane was subsequently seen by a respiratory consultant and informed of both the delays and the suspicion of lung cancer. A further CT scan of her thorax and abdomen performed that day demonstrated growth of the abnormal area in her right lung, consistent with cancer, along with enlarged lymph nodes.

A CT PET scan on 15 May 2023 revealed significant disease progression. A CT head scan on 25 May 2023 identified metastases (secondary tumours), and a subsequent MRI confirmed that Jane’s cancer had progressed to stage 4 and had spread to her brain.

Incurable cancer

Jane was then informed that, due to the delay in diagnosis, her cancer was no longer curable and that only palliative treatment options were available.

In July 2023, Jane commenced chemo-immunotherapy with pembrolizumab. This was later transitioned to immunotherapy alone in October 2023. Although she initially responded well, by April 2024 she experienced increasing fatigue, reduced ability to carry out daily activities, shortness of breath, and evidence of tumour growth in the right lung.

In May 2024, Jane was diagnosed with adrenal insufficiency secondary to immunotherapy. She was advised that this would require lifelong steroid treatment. Immunotherapy concluded in August 2025.

Concerns reported to Health Board

As a result of the delays, Jane’s Consultant Respiratory Physician reported concerns to the Defendant Health Board, prompting a Patient Safety Learning Review. This review identified multiple missed opportunities to diagnose her cancer earlier, including the failure to act on the x-ray from February 2022 showing a persistent abnormality, and the misfiling of the October 2022 report which led to a significant delay in arranging the recommended CT scan.

Expert evidence confirmed that, with a timely diagnosis, Jane’s cancer would have been identified by March or April 2022 at stage 1A. At that stage, she would have been eligible for curative treatment using stereotactic ablative radiotherapy (SABR), delivered over five sessions within a two-week period. This treatment would likely have been successful, with significantly fewer side effects, and ME would have retained a normal life expectancy.

Devastatingly, the delay in diagnosis has resulted in a substantially reduced life expectancy. The Defendant Health Board admitted breach of duty, with the extent of the harm to be determined.

Making a claim for compensation

Jane initially pursued her claim under The National Health Service (Concerns, Complaints and Redress Arrangements) (Wales) Regulations 2011, known as the ‘Putting Things Right’ scheme, under which she was offered £20,000.

Following advice from Elen Hawkley, solicitor in the clinical negligence team, she secured this sum as an interim payment on account of damages, with it being agreed with the Health Board that the matter exit the Putting Things Right scheme and proceed as a civil claim, given its significantly higher value.

Jane formally instructed our team in 2024 and, following successful negotiations, the claim was resolved in early 2026 with a gross settlement of £130,000.

Key contact

Ruth Powell

Partner

Ruth is a Partner and Head of our Clinical Negligence Department. She has exclusively practised in clinical negligence since qualifying in 1995 and has a wealth of experience in complex and high value clinical negligence claims.

Disclaimer: The information on the Hugh James website is for general information only and reflects the position at the date of publication. It does not constitute legal advice and should not be treated as such. If you would like to ensure the commentary reflects current legislation, case law or best practice, please contact the blog author.

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