Sarah Holden, a patient at a central London medical centre who required advice from clinical negligence solicitors in London, instructed Aldwych Legal in a clinical negligence claim and associated personal injury and civil proceedings after warning signs were missed and a cancer diagnosis was significantly delayed.
What Happened
Ms Holden attended the clinic with persistent symptoms over two consultations. On both occasions clinicians failed to recognise red-flag symptoms or to make an urgent referral under the two-week suspected cancer pathway.
Essential investigations — including imaging and specialist review — were not arranged for several months. When a referral was finally made, the diagnosis was advanced-stage cancer requiring urgent surgery and systemic treatment. The delay had a marked effect on prognosis, mobility and quality of life.
Legal Issues
- Whether the medical centre breached its duty of care by failing to act on clear clinical indicators and to refer under NICE guidelines.
- Whether, on the balance of probabilities, earlier referral and testing would have produced a materially better outcome for the claimant.
- Liability and causation in accordance with established clinical negligence principles and the Bolam/Bolitho tests where relevant.
- Recoverable losses: pain and suffering, past and future treatment costs, care needs, loss of amenity and future risk of recurrence.
Our Approach
We obtained full medical records and commissioned an independent oncology expert report to examine clinical decision-making and timing. We analysed compliance with NICE referral guidance and clinical standards applicable to the consultations.
Work followed the Clinical Negligence Pre-Action Protocol and the Civil Procedure Rules. We issued a detailed Letter of Claim setting out breach, causation and loss, and engaged constructively with the NHS Trust’s legal team to explore early resolution.
Outcome
The Trust accepted breach of duty in relation to the failure to refer promptly. A negotiated settlement was reached without contested trial, providing compensation for past and future treatment-related losses, funded ongoing care, psychological support and provisions for future risk and review.
Result / Why It Matters
This outcome secured practical and financial support for Ms Holden and demonstrates Aldwych Legal’s measured approach to sensitive clinical negligence claims, combining robust expert evidence with proportionate pre-action conduct.
