Case study of a claim for failure to diagnose sarcoma
We were contacted by our client, who’s late husband had passed away due to a failure to diagnose sarcoma. Mrs H asked us to act on her behalf to claim against Mr H’s GP for the negligence, which we agreed to on a no win, no fee basis.
Background of the case
In September 2016, Mr H began experiencing pain in his right clavicle and through his right shoulder. The pain got worse and a lump had formed over his right sternoclavicular joint, which was tender to touch, so Mr H contacted his GP and booked an appointment to be seen.
Mr H explained to his GP that the pain had been getting worse over the last 2 months and that it was now interfering with his sleep. The GP observed him and advised that he thought it could be a muscular problem and told him to take painkillers.
Unfortunately the pain in Mr H shoulder did not get any better and had in fact got worse, so he went back to see his GP only two weeks later. Again, Mr H was told that nothing was wrong and advised to take paracetamol. The lump in Mr H’s shoulder had become more painful, so he contacted the practice and requested another appointment, but with a different doctor. Mr H saw another doctor within the surgery and explained his concerns about the right joint being more prominent then on the left, due to the lump. The doctor told him that there was no cause for concern and sent him to a local hospital for an x-ray, where Mr H was told that everything was fine and the results were clear.
The pain continued and the lump grew bigger into the new year, so Mr H returned to his GP again and was given an injection into his right shoulder, which only stopped the pain for a couple of days. He was then referred to a physiotherapist, however the physiotherapist advised that they did not think that physiotherapy would benefit Mr H, so they referred him back to his GP.
Eventually, Mr H was referred to see a Upper Limb Extended Scope Practitioner, who sent him for an ultrasound scan and a large mass overlying the right sternoclavicular joint was found. A diagnosis of sarcoma was given shortly after and Mr H underwent radiotherapy. Mr H did undergo a chest reconstruction to remove the lump and chemotherapy began, however unfortunately the sarcoma had spread to his lungs and Mr H sadly passed away.
The medical negligence case
A letter of claim was sent to the GP practice setting out our allegations which were that there was a 9 month delay in diagnosing and treating the sarcoma and that there were ample opportunities for the sarcoma to be detected. We also alleged that the x-ray that was performed in January 2017 was incorrectly interpreted, due to the area of the mass not being visible on the x-ray.
Although earlier detection of the cancer would not have stopped him from undergoing surgery, it is likely Mr H would not have required radiotherapy and he would not have developed lung metastasis, which lead to his death.
The defendant made an out-of-court settlement offer, which was accepted by Mrs H.
