Delayed diagnosis and treatment of oesophageal cancer

The Injury

Mr T was diagnosed with oesophageal cancer in November 2021 after there were missed opportunities to diagnose him earlier.

Represented by Gemma Lewis and Hannah Carr, the case was settled after the Defendant admitted liability in full. Gemma and Hannah said - “Whilst the delay in diagnosing Mr T’s cancer did not affect the ultimate outcome, it caused unnecessary and avoidable suffering for a period of approximately 8 months and the compensation awarded to Mr T’s family goes some way in acknowledging that”.

If you are concerned about the medical treatment that you or a loved one has received, please contact us and one of our specialist team will assist you.

What Happened to Our Client?

At the beginning of 2021, Mr T started to have difficulty swallowing solid food (“dysphagia”) and had some reflux (when stomach acid flows up towards the throat).  He had an gastroscopy (when a camera is inserted into stomach and digestive organs to check for abnormalities) in March 2021 which identified a hiatus hernia (when part of the stomach pushes up through the diaphragm into the chest cavity) and management of his symptoms were based on this finding.

Mr T’s symptoms continued despite treatment.  His difficulty swallowing solid food worsened, he started to experience voice hoarseness, and he experienced significant weight loss between March and November 2021.  

In November 2021, Mr T had further tests and was diagnosed with Stage 4 oesophageal cancer for which he received chemotherapy and immunotherapy until he sadly died in February 2024.

We investigated Mr T’s case and found that there was a failure to identify signs of oesophageal cancer during the March 2021 gastroscopy.  Had the cancer been diagnosed at that point, Mr T would have commenced chemotherapy in April / May 2021, and this would have led to easing / resolution of his swallowing difficulties, prevented the development of his voice hoarseness and prevented the significant weight loss which occurred between March and November 2021.  

Mr T’s prognosis (and treatment) would not have altered with earlier diagnosis due to the advanced stage of the cancer when the gastroscopy took place in early 2021.  Therefore, we negotiated a settlement on Mr T’s behalf to reflect the additional and avoidable pain, suffering and loss of quality of life that he suffered between March and November 2021.

Concerned about a delay in diagnosis of cancer?

How can MDS help you?

While no amount of compensation will ever be enough for your or a family member’s suffering, if you or a loved one has been affected by healthcare negligence, we can help you through the legal process for investigating your concerns against a healthcare professional and your negligence claim if there is one.

The Outcome of the Case

We represented Mr T in a medical negligence claim.  

The Defendant admitted failures in care and agreed that earlier diagnosis would have improved Mr T’s quality of life.

A compensation settlement was successfully negotiated on behalf of Mr T’s family, as Mr T died before the case concluded.

Disclaimer

Whilst our case studies are designed to give an indication of the outcomes that can be achieved in these circumstances, the compensation awarded in individual cases can vary significantly due to a range of factors, including the severity of injury, effects on life expectancy and financial impact, for example. For more information, contact us today.

Our Approach

Support
Expertise
More than a legal firm, we will hold your hand and provide you with the best service and advice as you navigate what can be a challenging period in your life.

We will support you, guide you and be your voice throughout.