Family secures £250k settlement after missed cancer diagnosis claim

Some names in this article have been changed to protect the privacy of those involved.

A Devon family who lost a loved one to cancer have secured a £250,000 settlement following a legal claim relating to a missed diagnosis at hospital.

Gregg Jones brought the claim on behalf of the estate of his late father, Mr Jones, who died in 2018 from an aggressive thyroid cancer.

What followed was a detailed investigation into his care, which uncovered failings in his care that had occurred several years earlier.

In 2015, Mr Jones underwent an ultrasound scan, which should have raised concerns and prompted further testing.

However, warning signs were not acted upon, and no referral or follow-up investigations were arranged at the time.

The hospital trust later admitted that these steps should have been taken.

By the time Mr Jones' cancer was diagnosed, it had progressed to an advanced and ultimately fatal stage.

Legal battle over what could have been done

Despite admitting mistakes in Mr Jones' care, the NHS trust repeatedly denied that those failings had caused his death.

It argued that even if the correct steps had been taken in 2015, the outcome would have been the same.

The legal team at Wolferstans, representing the family, disputed this.

Working with independent medical experts, they argued that an earlier diagnosis would, on the balance of probabilities, have led to earlier treatment and a better outcome for Mr Jones.

One of the key issues in the claim was whether the admitted failings had altered the outcome.

Wolferstans analysed the medical evidence and challenged aspects of the defence case, including areas where it believed further explanation was required.

Despite ongoing disagreement between the parties, the firm pursued the claim on behalf of the family and rejected a reduced settlement offer before negotiations ultimately concluded.

Settlement brings closure

The case was eventually resolved this year, with a £250,000 settlement agreed.

While no outcome can undo the loss of a loved one, the settlement provides important financial support, particularly for Mr Jones' widow, who now requires care due to advanced dementia.

Every clinical negligence claim depends on its own facts and evidence, and outcomes will vary from case to case.

For the family, it also brought a sense of closure after years of uncertainty.

'It took a lot of stress out of the situation'

For Gregg Jones, having legal support during a difficult time made a significant difference.

He praised the support he received throughout the case, highlighting the importance of clear communication and consistency.

He said: "Wolferstans kept me fully informed throughout the process, always explaining things in a straightforward way.

"Communication was consistent and reliable, which made a big difference and took a lot of stress out of the situation."

He also spoke about how approachable the team was, adding that "nothing ever felt like too much trouble" and that he felt he was "in very capable hands" from start to finish.

Supporting families across the South West

Wolferstans, which has offices in Plymouth, supports families dealing with complex clinical negligence claims.

Cases like this often involve detailed medical evidence and can take years to resolve.

Legal advice can help individuals understand the process, assess the available evidence and explore the options open to them.

When something doesn't feel right

This case highlights the importance of early diagnosis and appropriate follow-up care.

If you or a loved one has concerns about medical treatment, seeking legal advice may help you better understand what happened and what options may be available.

Wolferstans offers advice in clinical negligence cases and can provide a confidential, no-obligation discussion.

To get in touch, call 01752 292 292, email medicalnegligence@wolferstans.com, or see wolferstans.com/medical-negligence-claims