[2006] LTLPI 29.08.08

Claimant brought a claim against the Defendant Trust for a negligent delay in diagnosis of malignancy in a lesion on the Deceased’s left thigh. Following excision, Deceased was informed that he had a benign haemangioma. Lesion reoccurred 6 months later and a wide local excision was performed. Biopsy confirmed original diagnosis was incorrect and lesion was a malignant melanoma. Tumour metastasised into Deceased's chest, brain, abdomen, pelvis and legs. Deceased received chemotherapy and surgery to remove brain tumour following seizures and to the stomach and pancreas following bleeding from abdominal tumour. Deceased died after developing inoperable tumour in heart.

Claimant brought action under Fatal Accidents Act 1976 on behalf of herself and the Deceased’s two young dependent children, alleging Defendant Trust’s negligent failure to diagnose malignancy on the Deceased’s first attendance had reduced his probability of survival.

Breach of duty admitted but causation disputed. Defendant argued that due to aggressive nature of tumour, Deceased would have died within five years in any event as he was in poor prognostic group.

Out of court settlement £1,000,000 (estimated General Damages £75,000).