Successful Outcome After Obtaining a Second Opinion in a Cancer Diagnosis Negligence Claim
Seeking legal advice after being told that a medical negligence claim has poor prospects of success can be disheartening, particularly when a client is already dealing with the consequences of serious injury or loss.
While medical negligence claims are often complex and require detailed investigation, being advised that a claim cannot proceed does not always mean the end of the road. In some circumstances, a second legal opinion may identify alternative avenues that warrant further exploration.
Client Story
The situation
Our client approached us after their previous solicitors concluded they could no longer continue acting in a claim concerning an alleged delay in the diagnosis of cancer. The client had suffered the devastating loss of their spouse and co-parent of their young child and was understandably determined to establish whether further action could be taken.
The matter involved complex medical evidence relating to both breach of duty and causation. Following a detailed review of the previous solicitors’ file, we considered that there were additional lines of enquiry that had not yet been fully explored and agreed to investigate the case further.
Our approach
Working closely with the existing medical experts and instructing additional specialists where necessary, we carried out extensive investigations to obtain further evidence in support of the claim.
As a result of this work, sufficient evidence was gathered to enable us to serve a Letter of Claim against two defendants.
Liability was denied, and court proceedings were subsequently issued. Both parties were granted permission to obtain expert and witness evidence, and the matter was listed for trial.
The outcome
Following the exchange of witness statements, expert reports and evidence relating to the value of the claim, the parties attended a settlement meeting.
Shortly before trial, the case successfully settled for a seven-figure sum.
While compensation can play an important role in helping families cope with the consequences of medical negligence, many clients are equally motivated by the need to obtain answers and acknowledgement of the concerns they have raised about the care provided to their loved ones.
This case demonstrates that receiving negative advice from one solicitor does not necessarily mean that a claim cannot succeed. Every case depends on its own facts and merits, and in some circumstances obtaining a second opinion may help ensure that all available options have been fully considered.
Our client later shared the following feedback about their experience with our team:
“Emma, you’ve been amazing. I couldn’t have asked for a better legal team. I am very mindful of the complexity and depth of challenge that the case presented and I’m so grateful to you and the wider team for sticking it out!”
How we helped
Emma Wray a specialist medical negligence solicitor, represented the client throughout the claim, conducting extensive investigations and obtaining further expert evidence which ultimately led to a successful settlement.
Meet Emma Wray
Emma Wray
Partner
“We were delighted to settle this difficult claim for a life changing sum. Not only is there a sense of bringing justice for their loved one (who initiated the claim with previous solicitors, before succumbing to the disease) this gives the family financial security and will enhance the life chances for their young child.”
Emma is a Partner in our Medical Negligence team who specialises in representing individuals and families affected by serious failures in medical care. She has extensive experience handling complex clinical negligence claims and is committed to securing answers, accountability and compensation for her clients.