A hospital trust has admitted its errors led to a 14-month delay in diagnosing a patient’s lung cancer – causing her to have less precious time left with her loved ones.
Eileen Peacock died aged 72 in December 2021, having known for her final 16 months that a hospital’s error had reduced her life expectancy.
Hull University Teaching Hospitals NHS Trust missed the cancer on scans taken in March 2019, when Mrs Peacock had been admitted to Hull Royal Infirmary with chest pains.
The scans had shown a ‘density’ between her ribs – and a ‘yellow flag’ was attached to the report to highlight the need for further investigation.
However, this didn’t happen, even when she spent a further 12 days in hospital as she underwent a triple heart bypass just 10 days after the scan had been taken.
It was only when Mrs Peacock had a chest x-ray some 14 months later, after suffering from a persistent chesty cough that the cancer was discovered.
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Investigation highlighted ‘missed opportunities’
As part of a Serious Incident Review (SIR) at Hull University Teaching Hospitals NHS Trust, numerous opportunities were highlighted to further investigate the scan taken in March 2019, particularly in the two weeks Mrs Peacock was in hospital before and after she underwent heart surgery.
During that time she had a further four chest x-rays to check on her cardiac health – each found to be ‘missed opportunities’ to look for any other ‘sinister’ concerns.
It was also revealed that the Trust became aware that it had failed to follow up on the March 19 scan – and that it had missed the cancer, in May 2020.
Her case was then classed as a ‘serious incident’ in June, but it was not until August that Mrs Peacock, of Hull, East Yorkshire, was told.
She was then given the news that her cancer had been missed the previous March, that it had increased in size over the 14 month period and was now incurable, and that she likely had less than two years to live.
Widower feels ‘so badly let down’ and NHS ‘added insult to injury’
Mrs Peacock launched legal action against the trust herself prior to her death, instructing our medical negligence claims team at Hudgell Solicitors to act on her behalf.
The case has now resulted in an out-of-court compensation settlement being agreed for her husband of 52 years, Ron.
As part of the case, the Trust admitted that, on the balance of probabilities, had the x-rays been followed up upon in March 2019, Mrs Peacock would have been listed for chemotherapy and radiotherapy treatment, and had she started timely treatment, her death in December 2021 would have been avoided.
It said it was likely she would have had close to two more years with her family, estimating that she would have lived approximately until August 2023.
‘My wife was badly let down and wanted me to fight her case’
Mr Peacock says his wife was ‘so badly let down’ and intends to continue to seek further answers from those involved.
He cut down his working hours to care for his wife as her health worsened and says he followed through the legal claim having been urged to do so by her. He said:
She said don’t give up and to carry on the fight. That’s what I have done, but it has been so difficult after losing my wife of 52 years.
It was a disgrace what happened to Eileen, but I’m determined to get justice for her and to make sure everyone is held accountable for the things that have gone wrong.
Missing the cancer on the scan was unforgivable, and Eileen was very angry and upset at how she was let down and struggled to cope with it all. We’d been looking forward to our retirement years together and that was taken away.
She had worked as a cleaning supervisor right up until she became ill, and also loved caring for and riding her horse Casper, who she’d had for more than 20 years, which she obviously also had to stop doing.
Mr Peacock says he is angered by the way the NHS handled the legal case.
They admitted their errors, and caused my wife to lose years of her life, but to me, it always seemed as though they were dragging their feet.
Even when it came to paying the damages which had been agreed it took too long and was weeks after the date it was promised. That just felt like adding insult to injury, and I felt it was disrespectful given all I have been through.
When Eileen became ill I reduced my working hours to care for her and we also of course lost her income. I’ve kept Casper as Eileen adored him, but he costs me around £5,000 a year to look after, so whilst I can never be compensated for the loss of my wife, the money is needed.
Now I intend to ask further questions of the NHS and doctors who specifically cared for Eileen. I think there needs to be individual accountability, not just the organisation, and that’s what I am seeking next.
Misdiagnosis had ‘devastating consequences’
Senior Associate Michelle Tebbutt, of Hudgell Solicitors, said:
In the early stages of her claim Mrs Peacock told us that she would always struggle to accept what happened to her. She was very angry and upset.
She and her husband had just finished paying off the mortgage on their home, having both worked hard all of their lives, and they were hit hard by this news at a time when they had hoped to be able to enjoy the rest of their lives together.
This is a really sad case and this misdiagnosis had a devastating consequence, as had the scans been further reviewed by specialists, as was the intention, the cancer would have been detected at a much earlier stage, and treatment would have prolonged her life.
In such circumstances, where opportunities are missed, there needs to be complete transparency and full investigations. Sadly we see far too many cases like this, where people die early because processes have not been followed, and checks have not been carried out. It is entirely avoidable and unacceptable.
