A hospital trust has admitted breaching its duty of care as it missed lung cancer on scans of a 64-year-old patient, leading to a slow-developing tumour which grew to an inoperable stage by the time it was discovered more than five years later.
The man’s widow said she became ‘sick’ of warning doctors about her husband’s declining health over a number of years, having to witness her partner of almost 50 years deteriorate over the last few years of his life.
He had undergone surgery at Castle Hill Hospital, in East Yorkshire, as long ago as June 2013 to remove a growth in his lung. At that time he and his wife were given reassurances it had been nothing serious and that he was fine.
However, the scans taken at that time had actually shown a second growth which was missed by doctors, and therefore not also removed.
Despite having several chest X-rays over the years, none reported the lesion in the right upper lobe of his lung, including a review in the surgical clinic in March 2016 after the man had been suffering from a persistent cough. A chest x-ray was considered to show ‘no marked changes’ and he was discharged from the clinic.
As part of a legal case against Hull University Teaching Hospitals NHS Trust, led by medical negligence specialists Hudgell Solicitors, it was alleged that the failure to spot the second growth in 2013 and take action to remove it, amounted to negligent care. It was also alleged that a CT scan should have been arranged in March 2016 – providing another opportunity to spot the tumour and start treatment.
The Trust accepted a breach of its duty of care for the failure to act on the findings of the CT scan in May 2013, which identified there were two lesions in the right upper lobe, both of which should have been removed. A damages settlement is now to be agreed.
In the years between the error and the cancerous tumour eventually being found in March 2019, the man suffered from worsening breathlessness, and increased bouts of coughing.
When finally discovered, the tumour had grown to 7.8cm in size, was classed as a stage four cancer and it was too late for surgery. He died the following June, having only had five radiotherapy treatments because it was proving too damaging and causing bleeding.
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‘Not one of them did their job properly’
The man’s widow, of Hull, said in her statement as part of the legal action: “After his surgery in 2013 we were told that the mass had been removed and that everything would be fine.
In early 2014 I took him to hospital. His chest pains were really bad and they said it was angina that was causing all of his problems. From then on he continued to worsen with breathlessness. He still had a really bad cough and for the last three years before his death, he was using one roll of kitchen paper per day to clean phlegm up.
The year before his diagnosis a doctor said there was something there, but that it was nothing to worry about. I said there was something wrong that he was still sick, and that he should not be like this. I was sick of telling everybody he should not be like it. He had loads of antibiotics but they never worked. I don’t think one of them did their job properly.
Associate Solicitor Michelle Tebbutt, a specialist in medical negligence claims at Hudgell Solicitors, said: “This was a very sad case where our client lost her husband of almost 50 years, and for the last few years of his life had to witness his health deteriorate to the point where he was really struggling day to day with breathlessness, and from increasing bouts of coughing.
To eventually be told that he’d had cancer for five years and that it had been slow-growing over all that time to a point where it was inoperable was devastating for both of them, especially when they had been diligent and attended at the hospital twice, in 2013 and 2016 with their concerns.
The Trust has offered its apologies for its failures in this case. We certainly hope it has led to a review of the circumstances and results in lessons being learned.
Two opportunities were missed with regards to this case to identify and treat the cancer, which may have been able to prevent it from reaching an inoperable stage. That is a huge concern.
No matter how high the standards of care and treatment in our health services, things can sometimes go wrong.
Medical negligence occurs if you receive substandard treatment by a medical professional, whether that’s directly causing an injury, or making an injury or condition worse.
Medical negligence can also happen if you are misdiagnosed, receive the wrong treatment or a mistake is made during surgery.
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