£80,000 settlement for 14 year-old after 4 month delay in diagnosis
September 2010
In the case of Gocmen v University Hospitals Bristol NHS Foundation Trust (2010) Lucy MacKinnon, instructed by Withy King, wins £80,000 in damages for claimant's pain, suffering and loss of amenity.
Background
The claimant, a boy aged 14 at date of settlement, received £80,000 for the delay, between March and July 2002, in correctly diagnosing and treating bone cancer.
The claimant sustained injury and brought an action against the defendant alleging that it negligently delayed correctly diagnosing and treating the cancer and as a result the cancer spread. The claimant also alleged that as a result of the delay, he had to undergo a more aggressive form of chemotherapy which carried a near certain chance of causing infertility, compared to the 25% chance the treatment he could have otherwise undergone would have carried.
The defendant admitted that there was a negligent delay in diagnosing and treating the cancer and that as a result, there was a delay in starting to treat the cancer. The defendant argued that the cancer had already spread when it should have first been diagnosed in March 2002 and so the claimant would always have required high-dose chemotherapy.
For further information about Lucy's practice contact Hailsham's clerking team (T: 020 7643 5000).
(1).jpg)
PLEASE NOTE The information and any commentary on the law contained on this web site is provided free of charge for information purposes only. Every reasonable effort is made to make the information and commentary accurate and up to date, but no responsibility for its accuracy and correctness, or for any consequences of relying on it, is assumed by any member of Chambers. The information and commentary does not, and is not intended to, amount to legal advice to any person on a specific case or matter. You are strongly advised to obtain specific, personal advice from a lawyer about your case or matter and not to rely on the information or comments on this site. By accessing any of these articles you accept that you have no right or recourse against the providers of information on this web site.