Cancer patient wrongly discharged from care after lung scans examined by team of doctors

In fact the patient had a malignant tumour in her lung which grew and was not spotted in time to prevent the cancer advancing.

Leigh Day was able to speed up her clinical negligence claim against Manchester University NHS Foundation Trust in light of the claimant’s poor prognosis.

The Trust admitted serious errors in her care and agreed to pay the claimant £160,000.   This figure included cover for a substantial palliative care package, so that the claimant could remain, and be cared for, in the comfort of her own home if she became more unwell.

Her cancer story began in March 2020 when she underwent a CT scan of her chest at North Manchester General Hospital respiratory clinic.

The scan identified a nodule in the lower part of her left lung and a plan was made for a follow up CT scan in three months. 

On 29 June 2020, the claimant underwent the follow up CT scan which showed that the nodule had grown and now had irregular edges. The radiologist concluded; “malignancy cannot be excluded.  Continued follow up recommended”.  

However, two weeks later, when her case was examined by a multi-disciplinary team of doctors and nurses at the respiratory clinic, it was incorrectly decided that no follow up was needed and she could be discharged.

When she was informed she had been discharged, she called the Consultant at the hospital to double check the right decision had been made, but was reassured all was well.

Eight months later, in March 2021, the claimant had to have scans for a separate abdominal issue. At that point clinicians at North Manchester General noticed worrying signs that all was not well with her health and she was referred for further scans and a biopsy.

Two months later, 27 May 2021 the claimant was diagnosed with stage 4 metastatic lung cancer.

She was given chemotherapy and radiotherapy during the rest of that year and CT scans in 2022 showed no evidence of recurrence.

However, a follow-up CT scan in January 2024 showed the cancer had returned. For the year that followed, the claimant was treated with immunotherapy, but in February 2025 she was told the immunotherapy was no longer working and her cancer had spread. She is awaiting an update on whether she can have other treatment.

The claimant instructed partner Brendan Hope, and senior associate solicitor, Rebecca Ridgeon in the Manchester Clinical Negligence team at Leigh Day.

Manchester University NHS Foundation Trust, who are responsible for North Manchester General Hospital, admitted they had been negligent to discharge the claimant from the respiratory clinic in June 2020 and to fail to recommend a PET CT scan and consider biopsy of the tumour. 

The parties agreed to settle the case in an out of court settlement, six weeks before trial.

The claimant said:

“Obviously I am incredibly disappointed in the care I received at North Manchester General Hospital . A team of doctors discussed my scans.  One decision to discharge me from care and not to follow up my treatment with further checks, has left me in this terrible situation.  I even called to check that decision was correct and I was told I had nothing to worry about. 

“I would say to anyone who finds themselves in the same unfortunate position as me, to always push for further checks, if you have your doubts, ask for a second opinion.

“I am grateful to Brendan and Rebecca for holding Manchester University Hospitals NHS Foundation Trust to account and settling my case while there was still time.  The settlement will allow me to have the care I need at home should the worst happen”

Leigh Day partner Brendan Hope said:

“A simple but serious mistake had a terrible effect on my client and her outlook.  I am glad that we were able to make a difference and help her navigate the legal process and obtain damages to meet her needs.  It has been it has been a privilege for us to assist such a brave and impressive client.