Enable Law acted for the on behalf of the family of Lisa, a much‑loved wife and mother who sadly died following a delay in the diagnosis and treatment of cancer. Lisa’s family was supported throughout the claim by Paula Barnes, a specialist clinical negligence lawyer at Enable Law, who worked closely with them with care, sensitivity and clarity during an exceptionally difficult period following their loss.
Lisa’s medical care
Lisa was being treated by the NHS Trust for ongoing skin problems. Skin biopsies were carried out, but her condition – mycosis fungoides, a rare type of skin lymphoma — was not identified until much later.
During this period, Lisa’s health worsened. She developed repeated infections, became seriously unwell with sepsis and, sadly, died. Her death had a profound impact on her family, who were left wondering whether her illness could have been diagnosed and treated earlier.
Concerns about delayed diagnosis and treatment
It was claimed that mistakes in diagnosing, investigating and referring Lisa’s condition caused a serious delay in her receiving the right treatment. It was said that this delay allowed the disease to worsen and ultimately contributed to her early death.
In particular, it was alleged that the NHS Trust failed to:
- Properly understand the results of Lisa’s skin biopsy tests
- Consider, investigate or refer the possibility of mycosis fungoides at an earlier stage
- Make sure Lisa was diagnosed and treated promptly when the disease was at stage 1B, when treatment was likely to have been effective
The impact of the delay
On behalf of Lisa’s family, it was said that if her condition had been diagnosed earlier and treated in time, it would have made a real difference to how her illness progressed. It was claimed that the delay in diagnosis allowed the disease to worsen and directly contributed to Lisa developing repeated infections, becoming seriously ill with sepsis, and ultimately to her death.
The claim sought compensation under two main laws, which recognise both what Lisa went through before she died and the losses suffered by her family.
Under the Law Reform (Miscellaneous Provisions) Act 1934, a claim can be made on behalf of someone who has died. This allows compensation for the pain, suffering and distress Lisa experienced before her death, as well as any financial losses she personally incurred. Any compensation awarded is paid to her estate and then distributed according to her will.
The Fatal Accidents Act 1976 recognises the deep impact a death has on close family members. It allows Lisa’s dependants to claim compensation for the financial and practical support they have lost, such as income, care and household help. In some cases, it also provides a fixed bereavement payment. These claims are intended both to provide financial security and to acknowledge the lasting effect Lisa’s death has had on her family’s lives.
The Defendant’s response
The NHS Trust accepted that it owed Lisa a duty of care but initially denied that it had failed in that duty. It argued that:
- The results of the skin biopsies did not require doctors to suspect mycosis fungoides at the time
- Further tests, specialist referrals or alternative reviews were not required under reasonable medical practice
- Even if additional steps had been taken, an earlier diagnosis was not guaranteed
At first, the Trust also denied or did not accept that the delay had affected the outcome, meaning Lisa’s family had to prove how the delay had made a difference.
Important admissions and settlement
The Trusts defence was initially one of bare denials and non-admissions both in relation to breach of a duty of care and causation of injury, as a result a request for further and better particulars of the Defence was made on the issue of causation of injury.
After further information was requested, the NHS Trust made several important admissions, including that:
- If Lisa had received treatment when the disease was at stage 1B, the treatment would have been successful
- Even with successful treatment, Lisa’s life expectancy would still have been shortened to around another 21.5 years
- Mycosis fungoides caused or significantly contributed to the infections, sepsis and Lisa’s death
These admissions gave Lisa’s family much‑needed clarity about what had happened and why, and greatly reduced the areas of disagreement.
The claim was eventually resolved through a negotiated settlement, with compensation paid to Lisa’s estate and her dependants. This included her surviving spouse, adult children and a grandchild.
How Enable Law supported Lisa’s family
Paula Barnes handled Lisa’s case with compassion, care and determination. From the beginning, she recognised that this was not just a legal case, but a family grieving and searching for answers, accountability and reassurance.
Paula took time to explain the process clearly and sensitively, handled communication with the NHS Trust on the family’s behalf, and moved the case forward in a way that reduced stress as much as possible. Enable Law’s approach ensured the family felt supported, listened to and protected, while the legal work was carried out with skill and confidence.
This was a complex case medically which ultimately turned on the issue of causation. Expert evidence was required from a Consultant Pathologist and Consultant Dermatologist / Professor of Cutaneous Oncology. The Defendants maintained a denial of liability despite making causation admissions. Accordingly, it was necessary to progress into litigation without the benefit of a liability admission before achieving settlement.
Raising awareness saves lives
At Enable Law, we are committed to supporting individuals affected by delayed cancer diagnosis and to raising awareness of the signs that should never be ignored.
If you think that you might have a claim for a delayed diagnosis of cancer, then contact a member of our cancer team on 0800 044 8488 or fill in our contact form so we can give you a call at a time convenient for you. We can help you understand what may have happened and help you bring a claim if you decide to do so.
