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Gadsby Wicks Wins Case for Delayed Diagnosis of Lung Cancer


Essex, UK, 8 June 2023— Gadsby Wicks, a specialist medical negligence solicitors’ firm serving Essex and East Anglia, helped their clients secure the compensation, answers and justice they deserved after a delayed diagnosis of lung cancer sadly resulted in the passing of a patient.

Amanda Smith, one of the firm’s experienced medical negligence solicitors, led on this case alongside Jane Canning.

The case

Early in 2014, Mr R (anonymised to protect him and his family’s privacy) made a visit to A&E after a pain on the right side of his chest began to develop, radiating to his back and causing an episode of breathlessness in the days prior.

After a closer investigation and a chest X-ray, Mr R was discharged from hospital with antibiotics for a suspected chest infection. The X-ray was later reported as abnormal after a faint shadow on the lung was spotted, and a follow-up scan was recommended.

It is unclear what happened to this report of the chest X-ray, but no action was taken at the hospital, and no report was sent to Mr R’s GP.

In the summer of the following year, Mr R visited A&E again, complaining of chest pain and coughing up blood. A CT scan showed lesions on the left lung, likely to be lung cancer. Further investigations confirmed the diagnosis, with metastatic spread to lymph nodes, hip, spine and right lung.

Once the cancer had been identified, it was deemed that it was inoperable, leaving Mr R with a poor prognosis. He underwent six cycles of chemotherapy, but the mass in his left lung continued to increase in size. Sadly, Mr R passed away one year later.

The claim

The claim was pursued on the basis that the chest X-ray performed in 2014 was abnormal, and should have been followed up.

If the second scan had been undertaken after abnormal results were spotted, Mr R would have received further investigation. His lung cancer would have been diagnosed no later than the summer of that same year, allowing him to undergo lobectomy shortly thereafter.

On the balance of probabilities, there would have been no spread to the lymph nodes, and Mr R would have survived.

The result

Although the Defendants admitted breach of duty prior to serving a detailed Letter of Claim, causation remained in dispute and legal proceedings were issued. Eventually, the claim settled shortly before the Costs Case Management Conference, and compensation was granted to Mr R’s dependents.

“Although nothing can reverse the damage of losing a loved one, the team and I are pleased to have helped get justice for our client’s family for this avoidable incident,” said Amanda Smith, one of Gadsby Wicks’s experienced medical negligence solicitors.

“By investing the right amount of time and expertise, we were able to find answers for what happened to our client, and secure the compensation to support his family’s future. With this, his loved ones have what they need to find closure and heal from this unfortunate tragedy.”

Gadsby Wicks remains committed to securing the best outcomes for clients with a delayed diagnosis case, as the firm continues to see a rise in the number of delayed treatment claims reported in the past year.

About Gadsby Wicks:

Every year, Gadsby Wicks Solicitors helps people claim millions in compensation for delayed treatment, medical misdiagnosis, birth injuries, surgical complications and more. They have been dedicated to medical negligence since 1993, and are the only specialists in this area of law throughout Essex & East Anglia.

With an extensive level of legal and medical understanding throughout their team of solicitors, Gadsby Wicks is regarded as one of the top firms in their field, working tirelessly to support their clients in the most difficult and complex of circumstances.

Beginning with an initial exploratory consultation, the solicitors investigate all available evidence and consult impartial medical experts to build a case. From here, negotiations take place to reach a fair settlement, with 96% of their cases settling out of court.

Gadsby Wicks are also the first firm in England to have two or more lawyers accredited by the Association of Personal Injury Lawyers (APIL), and Managing Partner Gillian Gadsby is on the Clinical Negligence Specialist Panel for Action Against Medical Accidents (AvMA).

Media Contact:

For more information, visit their website at, or call their team on 01245 494929.

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