Claimant succeeded
[2024] EWHC 2809 (KB)·2024·Damages assessed at trial
A GP saw Ms Cullen three times over five weeks with a persistent cough, sore throat and tiredness but did not make an urgent cancer referral; her laryngeal cancer was diagnosed at stage III about three months later. Liability was admitted, and the trial dealt with disputed care costs and the defendant's allegation that she had been fundamentally dishonest, which the judge rejected.
A delayed cancer referral claim turns on what extra treatment the delay caused; here the admitted delay meant chemotherapy, a total laryngectomy and neck dissections that earlier diagnosis would have avoided. Social media posts relied on to allege dishonesty were found not to contradict her evidence.
Claimant succeeded
[2024] EWHC 615 (KB)·2024·Damages assessed at trial
The trust admitted that a misreported smear delayed the diagnosis of cervical cancer, and the claimant, who lost her fertility through treatment, asked for a further interim payment to fund surrogacy abroad. The judge refused because the evidence was not yet complete enough to be confident a trial judge would allow that cost.
Even with liability admitted, an interim payment will only be ordered for sums the court is confident will be recovered at trial. Whether overseas surrogacy costs are recoverable depends on a reasonableness test decided on full evidence.
Claimant succeeded
[2023] EWHC 2155 (KB)·2023·Liability decided at trial
A skin sample taken in 2007 was reported as benign but in fact showed melanoma, which was only picked up in 2009 and caused the patient's death in 2014. His widow issued proceedings over five years late after her first solicitors let the case drift, and the court allowed the claim to proceed.
The clock can start later than the mistake itself, because it only runs once you know the injury is serious. Delay caused by former solicitors rather than by the claimant is far less likely to defeat a late claim, especially where the original slides and reports survive.
Claim failed
[2019] EWHC 832 (QB)·2019·Liability decided at trial
A 38-year-old woman with a hard breast lump had a mammogram and ultrasound that looked benign and was discharged without a biopsy; cancer was found in 2013. Yip J accepted that a responsible body of breast surgeons would not have biopsied on those findings.
Triple assessment does not always require a biopsy where imaging is reassuring. A later cancer diagnosis does not by itself prove the earlier clinic decision was negligent.
Claimant succeeded
[2017] EWHC 3147 (QB)·2017·Liability and damages decided at trial
After surgery at Charing Cross Hospital in 2001 the patient was never told his tumour was malignant or that he needed regular CT surveillance, and the cancer recurred undetected until 2010. The court found a continuing duty to inform him of his diagnosis and follow-up needs which the Trust failed to discharge.
Hospitals must tell patients the result of their treatment and the follow-up they need; failing to communicate a cancer diagnosis and the need for monitoring is negligent.
Claimant succeeded£16,500
[2017] EWHC 128 (QB)·2017·Liability and damages decided at trial
A biopsy of a non-healing foot wound was reported by a histopathologist as scar tissue when it was in fact melanoma. The judge held the signs of malignancy were plain on the slides and found the Trust liable, but awarded only £16,500 because the cancer had probably already metastasised.
A misread biopsy can be negligent even though pathology involves judgement. Damages depend on what the delay actually changed, which can be modest where the disease had already spread.