Terminally ill grandmother suing NHS claims chances to diagnose her cancer were missed

A terminally ill grandmother from Hull is taking an NHS trust to court, claiming that opportunities to spot her cancer up to two years earlier may have been missed.

Denise Fallon said she was “let down” by Hull University Teaching Hospitals NHS Trust doctors because they stopped conducting biannual CT scans, which could have shown that her cancer had returned.

The 68-year-old said her lawyers, from Hudgell Solicitors, are taking the trust to court next month and seeking damages.

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Her lawyers claim the trust’s negligence has caused her to suffer “unnecessarily”, as she “would not have suffered from the same deterioration in her health” and needed to have fluid drained from her lungs if the cancer had been spotted earlier.

Hull Royal Infirmary in Anlaby Road, Hull.Hull Royal Infirmary in Anlaby Road, Hull.
Hull Royal Infirmary in Anlaby Road, Hull.

Mrs Fallon had surgery to remove a small cancerous tumour from her lung in 2014 and was then told she would have a CT scan every six months, to ensure the cancer had not returned.

She said that after a couple of appointments, she was not called in for another scan because the trust inadvertently removed her from the review list.

Mrs Fallon said she began struggling with breathlessness in 2016, but believed it was a result of the surgery, and when her condition deteriorated she went to see the GP in 2019.

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Further tests revealed the cancer had returned and spread, so it could not be effectively treated.

Mrs Fallon claimed that if she had received the CT scans which were promised, her cancer would have been detected and treated at an earlier stage.

She said: “If I’d had any sense that I should’ve been having more reviews I would have been there each and every time, because I knew it was my life at stake. They made the error.

“I’ve done all I can to fight this. I was told in 2019 I had 18 months to two years to live, but I’m still here.”

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She added: “Going to court is not something I want to do at my age and in my health, but I’ve fought it all the way to still be here now, so I’ll fight this case too.

“Lessons have to be learned, as when I was going to appointments I spoke to many other patients who’d had mix-ups and cancelled appointments without them being told.

"It’s potentially life-costing, but it appears they don’t want to do the right thing by patients when they have done wrong.

“It has never been about the money to me, and I’ve known from the very start that the claim is limited in value due having already had cancer back in 2014, that was explained to me.

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"But I was very badly let down and I feel I deserve something for that.”

Mrs Fallon said she will travel to New Zealand to visit friends if she is awarded damages, claiming it is “a bucket list wish of mine”.

A spokeswoman for the trust said: "We appreciate this is a difficult time for Mrs Fallon and her family, and we are keen to reach the appropriate outcome.

"It would be inappropriate to comment further prior to the conclusion of the case."

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