At Switalskis, we support clients through some of the most complex and challenging medical negligence cases, helping them secure the answers and compensation they deserve. One such case involved our client, whose life was deeply affected by a delayed diagnosis and treatment of a thymoma.

Cancer of the thymus gland is rare. Found in the chest, between your lungs, the thymus gland is a part of the lymphatic system and is involved in the development of a type of white blood cell. For our client, it was alleged that this delay in diagnosis of thymus gland cancer ultimately contributed to the development of Myasthenia Gravis (MG), a serious and life-altering autoimmune disease.

MG effects include muscle weakness, most commonly affecting eyelids, facial expressions, chewing, swallowing, and speaking.

A missed opportunity for early intervention

It was alleged that as a result of negligence, our client lived with an undiagnosed thymoma for nine years. During this time, a series of chest X-rays were misreported, and vital follow-up investigations were not arranged. These missed opportunities meant the thymoma remained undetected, worsening over time.

The consequences of this delay were significant. By the time the thymoma was finally identified surgical removal was no longer possible because of the negligent delay allowing it to grow and attempted surgery had to be abandoned. Our client also had to undergo avoidable chemotherapy and radiotherapy. These treatments, while necessary, had, and continue to have, a profound impact on our client’s health, contributing to the development of MG.

Facing the challenges of a complex claim

When Switalskis took over the case, it was clear that our client’s journey would not be straightforward. While the Trust admitted some breaches of duty—including a failure to arrange follow-up investigations—they denied that earlier X-rays had been misreported and limited their admissions in relation to causation. Pre-action negotiations proved ineffective as a result meaning that Court Proceedings had to be issued and served to see this claim to a conclusion.

A key element of the claim was proving that, had the thymoma been diagnosed earlier, the subsequent radiotherapy —and the MG diagnosis—could have been avoided. We also had to address the impact of pre-existing conditions, which added another layer of complexity.

Paisley Laws, solicitor who led on the case, commented: "This was a particularly challenging case because of the complexity of the medical evidence and the need to establish a clear link between the delay in diagnosis and the development of Myasthenia Gravis. Investigating causation required in-depth analysis and input from highly specialised experts, but by working collaboratively, we were able to bring this claims to its conclusion. This settlement not only acknowledges the errors in our client’s treatment but also ensures they have the funds to improve their quality of life moving forwards."

Securing a positive outcome for our client

Despite these challenges, our team worked tirelessly to build a strong case. This involved detailed consultations with medical experts, including a cardiothoracic surgeon, oncologist respiratory physician, and neurologist, who provided crucial insights into condition and prognosis.

After thorough negotiation during a Joint Settlement Meeting, Switalskis secured a significant six-figure settlement. This outcome reflects the seriousness of the breaches in care and the lasting impact on our client’s life.

For our client, the settlement represents much more than financial compensation. It offers a sense of justice and relief after years of uncertainty and hardship. The delayed diagnosis of thymoma led to increasing lifelong health issues.

While no amount of money can undo what has happened, this settlement will help alleviate financial pressures, allowing our client to focus on their health and future. It also ensures they have access to the care and support needed to manage the condition.

How Switalskis can help you

This case highlights the devastating impact that delays in diagnosis and treatment can have on a person’s life. It also underscores the importance of thorough investigations and expert-led advocacy in pursuing medical negligence claims.

At Switalskis, we are committed to supporting individuals and families affected by substandard medical care. If you or a loved one has experienced something similar, we are here to help. Contact us today to discuss your case and how we can assist you on your journey to justice.

Call us on 0800 1380 458 or email help@switalskis.com