LUNG CANCER MEDICAL NEGLIGENCE DELAYED BIOPSY OR INAPPROPRIATE TREATMENT

John Whelan Solicitor with specialist expertise in Lung Cancer Medical Negligence gives an example of the delayed biopsy or in appropriate treatment.

Case Example: Delayed Biopsy or inappropriate treatment in Lung Cancer

Patient Background:

A Patient, with a history of chronic obstructive pulmonary disease (COPD) and a smoking history, presents to his GP with complaints of a persistent cough, mild chest pain, and unintentional weight loss over the past three months.

Initial Evaluation:

The GP orders a chest X-ray, which reveals a 3 cm mass in the left upper lobe of the lung. A follow up CT scan confirms the presence of a suspicious lesion, along with enlarged lymph nodes in the mediastinum. Given the concerning findings, the CT scan report suggests the need for a biopsy to determine if the mass is malignant.

GP’s Decision:

a) Despite the suspicious imaging results and the Patient's significant risk factors (age, smoking history), the GP decides to monitor the mass instead of ordering an immediate biopsy, suspecting that the lesion might be due to COPD related changes or infection.

b) The Patient is prescribed antibiotics for a presumed lung infection and told to return in three months for a repeat CT scan to see if the mass changes or shrinks.

Delay in Diagnosis:

Three months later, the Patient returns for a repeat CT scan, which shows that the lung mass has grown to 4.5 cm, with new evidence of lymph node involvement. At this point, the GP refers the Patient to a pulmonologist, who orders a biopsy.

The biopsy, performed four months after the initial findings, reveals stage IIIB non-small cell lung cancer, which has now spread to the mediastinal lymph nodes. The Patient is referred for chemotherapy and radiation, but surgery is no longer a viable option due to the advanced stage of the disease.

Important Issues:

1. Delay in Ordering Biopsy.  
2. Inappropriate Treatment with Antibiotics.  
3. Missed Opportunity for Early Diagnosis.   

Important Points from this case: 

1. Delayed Diagnostic Confirmation.  
2. Avoiding Watchful Waiting in High Risk Cases.  
3. Failure to Escalate Care.   

What should have been done:

a) Timely Biopsy for Suspicious Findings.

b) Multidisciplinary Approach.

c) Clinical Judgment Over Assumptions.

For more detailed insights into how the Patient Safety Act 2023 impacts you and how Whelan Law can support you, please visit our Lung Cancer Medical Negligence https://www.whelanlaw.ie/news/rising-lung-cancer-medical-negligence-claims-a-reflection-of-modern-medicine/