Settlement of claim for delay in diagnosing lung cancer

Clare Flavin, Solicitor in Rachael Liston LLP, successfully represented the family of a patient who tragically died in February 2018 due to a delay in the diagnosis and treatment of his lung cancer.  A claim was successfully taken against Letterkenny University Hospital and the Deceased’s GPs.

Unfortunately, a series of errors arose in the care which the Deceased received.  A chest x-ray carried out in Letterkenny University Hospital in July 2016 was misreported and not followed up on.  As a result there was a delay of approximately 6 months in the performance of a recommended CT scan.  A biopsy carried out in February 2017 ultimately confirmed that the Deceased was suffering from lung cancer.

This firm investigated the case and obtained expert evidence on behalf of the Deceased’s family.  This confirmed that a delay arose between the time of the abnormal CT scan and the carrying out of necessary surgery in May 2017 and that had the Deceased’s lung cancer been diagnosed and treated correctly, the Deceased would have been diagnosed with an earlier stage of the disease, undergone more straightforward surgery and made an uncomplicated recovery.

Ultimately, but for the negligence in the delay in diagnosis and treatment, the experts engaged by Liston Flavin were of the view that the Deceased is likely to have survived for an additional five years.

This firm successfully pursued claims for the psychological distress caused as a result of the negligence, as well as a financial dependency claim.  The case ultimately settled at mediation for a substantial sum.

Should you require further information, please contact Clare Flavin, specialist in medical negligence, on 019123240 or

For more information about how we can help you with medical negligence claims, please contact Rachael Liston on 01-9123240 or email