Settlement Success in Expedited Clinical Negligence Case
Megan Crowther represented the Claimant in her clinical negligence claim for delayed diagnosis of lung cancer. The Claimant lost around seven years of her life expectancy and is not expected to survive beyond Summer 2025.
Proceedings were issued in September 2024 and the Claimant requested expedited directions to trial, so she could see her claim conclude in her lifetime. The five day trial was listed for May 2025. The Claimant also applied successfully to give evidence on commission (deposition) due to her deteriorating condition. This took place at the Claimant’s home.
The Defendant admitted a failure to diagnose lung cancer around July 2020 but denied that this had any causative impact following the Claimant’s diagnosis in May 2021. The Claimant’s case was that her cancer would have been stage 1, treatable by radiotherapy alone, and she would have been cured. The Defendant’s position was that the cancer would have been stage IIIA due to lymph node involvement and the position would have been the same – aggressive, but unsuccessful, treatment.
Parties exchanged medical evidence in disciplines of radiology, oncology, respiratory medicine and care. The claim was compromised following receipt of joint statements from the experts in radiology and oncology, around six weeks before trial, in a six figure sum.
Megan was instructed by Brendan Hope and Rebecca Ridgeon at Leigh Day. Megan was first instructed in August 2024 and has worked closely with her Instructing Solicitors at every stage of this claim to rapidly progress the matter to settlement in March 2025, in the best interests of the Claimant.
