Testicular Cancer settlement after delay in diagnosis

Posted by Patricia Wakeford on

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Mr A attended his GP as he was concerned about a lump on his testicle. Mr A was advised that the lump was a cyst however the lump grew bigger over the next 10 months. Mr A returned to his GP and was again reassured. Four months later following further concern being raised to the GP, Mr A was sent for a scan.

Sadly, he was diagnosed with testicular cancer and shortly after, his left testicle was removed. Prior to his surgery, Mr A was given a CT scan which identified large volume retro peritoneal lymph nodes and subsequently Mr A was commenced on 4 cycles of chemotherapy and subsequently had a retro peritoneal lymph node dissection which demonstrated a mature tumour. Unfortunately, Mr A relapsed a year later and was required to have four further cycles of chemotherapy and a further surgery.

Fortunately after his first round of chemotherapy, Mr A was able to conceive a child however the long term effects have left him infertile, requiring IVF to father further children. The chemotherapy has also led to Mr A experiencing neuropathic difficulties and he is at risk of further complications.

Mr A instructed BL Claims Solicitors in April 2013 and it was alleged in our Letter of Claim that if the GP had referred Mr A for a scan in when he first presented he would have been diagnosed with testicular cancer at an earlier stage and would have undergone surgery within four weeks at the latest. Mr A would subsequently have avoided the chemotherapy and two retroperitoneal dissections. 

In response, the Medical Defence Union (MDU) denied liability however in November 2014, after court proceedings had been issued, although the MDU still denied liability they did admit causation. Shortly before the trial Mr A's case was settled for £200,000. By this time, Mr A's prognosis had improved however there is an ever decreasing risk of relapse. On this basis a larger award was agreed to take account of this risk. Mr A was keen to move on with his life and was very happy with his settlement. 

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About the Author

Patricia is a Senior Associate, in our Clinical Negligence team, and is also a qualified midwife with many years of experience working in the NHS.

Patricia Wakeford
Email Patricia
023 8085 7310

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