Shelia underwent a chest CT scan, which showed a suspicious nodule. A lung nodule, also known as a pulmonary nodule, is a small lump detected on an X-ray or CT scan of the chest.
The radiologist noted that the nodule needed to be followed up in 3 months, however, a follow-up appointment was never arranged.
Guidelines in place
In the NHS, lung nodule follow-up is primarily managed using the British Thoracic Society (BTS) Pulmonary Nodule Guidelines. The guidelines use size-based thresholds and malignancy risk calculators (Brock/Herder) to guide surveillance. Follow-up strategies are tailored to the nodule's diameter or volume.
As a result of Shelia not having a follow-up appointment, she was diagnosed with stage 4 lung cancer, following a chest x-ray which was conducted 18 months later.
Shelia sadly passed away 3 months later.
Shelia’s family was supported by Clare Langford, Partner and Mia Clews, Legal Assistant in making a claim for late diagnosis.
How we helped settle the late diagnosis claim
With the support and guidance of Clare Langford, a medical negligence claim was brought on behalf of the estate of Shelia, against Sandwell and West Birmingham NHS Foundation Trust.
Before obtaining any expert evidence, we sent a Letter of Notification on a without prejudice basis inviting the Trust to admit liability. The Trust admitted liability and admitted that they failed to perform a follow-up CT chest scan as recommended in the initial radiology report. They admitted that this led to an avoidable delay in the diagnosis and treatment of Shelia’s lung cancer.
Sandwell and West Birmingham NHS Foundation Trust further admitted that if a scan had been conducted 3 months later, it would have revealed that Shelia had lower left lobe cancer, which had not yet spread to her lymph nodes, and the cancer at that point would therefore have been operable. The Trust explained that with earlier diagnosis and treatment, Shelia would not have died when she did but for the negligence and would have undergone surgery.
It is important to note that radiology reporting failures can constitute medical negligence in the same way as surgical errors. In Shelia’s case, the radiologist breached their duty of care by failing to arrange a follow-up appointment for the suspicious nodule. The failure to do so resulted in the progression of the illness, meaning by the time the cancer was diagnosed, it was stage 4, and Shelia could not undergo treatment or surgery.
Clare Langford and Mia Clews successfully achieved a significant five-figure sum, and the Trust also apologised to Shelia’s family for the failures in the medical care provided to her.
“Medical Negligence is emotional, Higgs LLP made it easier to endure.
I felt utterly overwhelmed by my case, but with Higgs LLP, namely Clare Langford and Mia Clews by my side it made it easier to bear. With their guidance, support and professionalism throughout including their empathetic understanding. They were always available to talk and explain all of the legal technicalities. Thanks to their tireless persistence I, or should I say they have achieved a favourable outcome. I will be forever grateful for their dedication.”
Sheila's family
