MEDICAL NEGLIGENCE

Devastating Consequences of a Delayed Cancer Diagnosis

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Last Updated 9th July 2026

Case overview

Having sought help for their symptoms of indigestion and pain in the upper abdomen, our client had several medical consultations at their GP practice throughout the end of 2019 and the start of 2020. As symptoms were resistant to treatment, our client should have been referred to a specialist for an endoscopy, but referrals were not made until much later.

A medical negligence claim was brought by our client due to failures in their care, which meant there was a delay in the diagnosis of adenocarcinoma of the gastro-oesophageal junction. Unfortunately, due to the delayed diagnosis, our client didn’t receive appropriate treatment in a timely manner, there was a recurrence of cancer, and they are now sadly facing a terminal diagnosis.

The impact of delayed diagnosis

As a result of the negligent delay in diagnosing cancer, our client required palliative chemotherapy, which would otherwise have been avoided, with no possibility of permanent cure and a reduction in life expectancy.  

In addition to this, as a result of the delayed diagnosis our client:

Developed recurrent dysphagia and regurgitation, necessitating multiple dilations, investigative endoscopies, and radiotherapy.

Experienced debilitating shortness of breath, left-hand weakness, and significant upper limb pain.

Has been unable to return to work, suffering a substantial loss of earnings.

Requires daily care and assistance from family members having lost their ability to contribute meaningfully to household tasks.

Our client also suffered hair loss due to the chemotherapy, as well as numbness and tingling in their toes due to the treatment. They also suffered subsequent infections which required urgent needed medical care.

A breach of NICE guidance

Our client’s case was handled by Clinical Negligence Solicitor, Jessica Roberts. On behalf of our client, we pursued legal action against the defendant GP practice for failing to adhere to NICE Guidance in relation to the prompt referral for endoscopic investigation.

It was alleged that, had our client been referred to a specialist and for diagnostic investigations in accordance with the applicable NICE guidelines and on the basis of the symptoms, a gastroscopy would likely have been completed within the standard NHS timeframe, as evidenced by the local and treating Trust’s performance data indicating that 95.3% of gastroscopies were conducted within this period.

On this basis, we argued that had the gastroscopy happened sooner, an earlier cancer diagnosis would have been made and based on the stage of the tumour, our client would have enjoyed a longer life expectancy to 77 years old. It was alleged that if negligence hadn’t occurred, our client would have avoided a recurrence of cancer and would not have needed subsequent rounds of palliative chemotherapy.

It was also alleged that had there not been a delayed diagnosis, our client would have avoided additional complications such as the recurring symptoms of dysphagia and regurgitation.

Case outcome

The case was resolved via an Alternative Dispute Resolution (ADR) scheme, which saw both sides work collaboratively, despite a dispute in liability. Thanks to the dedication of our clinical negligence team, we were able to secure a significant settlement of over £120,000. And while the compensation can’t change what has happened, it will enable our client to enjoy the remaining time with their family.

It has also provided the client with some comfort, knowing that there are funds available for end-of-life care, as well as providing some financial stability for their family when they are gone.

On resolution of the case, Solicitor, Jessica Roberts commented:

“This case is pivotal reminder that behind every legal matter is a human story. Resolving the matter through ADR, despite liability being firmly denied allowed us to reach a compassionate and timely outcome for the claimant. In terminal cases, where time and dignity matter most, ADR can be a powerful tool for delivering justice without prolonging the burden of litigation.”

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