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Failure to diagnose lung cancer for two years – six figure sum awarded to widower

In a clear case of medical negligence, a man whose wife died from lung cancer has been awarded a six-figure sum by the NHS trust which failed to spot the disease.

Fiona Clark was referred to West Cumberland Hospital for a chest X-ray in 2002 due to a persistent cough. Even though an abnormality showed up, she and her husband Stephen were told it was "nothing substantial".

Unbeknown to them, a cancerous tumour was already growing in her right lung, and it was a doctor at a Newcastle hospital who spotted the devastating error two years later.

Mr Clark said: "My wife's consultant, Mr Bernard, put an X-ray against the screen for us to look at. He asked me what I could see.”I pointed out a clear kidney shaped shadow on the right lung. He said I was right and broke the devastating news that what we could see was a cancerous tumour. He then revealed that the X-ray we were looking at was not the one he had just taken, but the one which had been taken two years previously at West Cumberland Hospital. He said radiographers had missed the tumour I managed to identify."

In April 2004, Mrs Clark was admitted to the Freeman to have two thirds of her lung removed. Two weeks later, she developed pains in her chest and began to deteriorate. She began radiotherapy in June and was in and out of hospitals for several months, before passing away in hospital in August 2004.

According to experts, had the lung cancer diagnosis been made earlier Mrs Clark would have had a 70% chance of survival. Tragically, after waiting two years for a correct diagnosis, her chances of survival were dramatically reduced.

“A trust spokeswoman added: "Nothing we can say can take away the hurt and upset this has caused Mrs Clark's family and our thoughts are with them in their profound loss. This event happened eight years ago and our Trust has learned lessons. We have put procedures in place where this could never happen again."

Top medical negligence lawyer Susan Brown said: “Client's frequently contact us about delays in diagnosis and treatment of all types of cancer. This latest report is all too familiar. Often tests and investigations for cancer are misreported/misinterpreted with tragic consequences.”


Consistent with our policy when giving comment and advice on a non-specific basis, we cannot assume legal responsibility for the accuracy of any particular statement. In the case of specific problems we recommend that professional advice be sought.

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