Medical Solicitors director, Miriam Bi, has represented a woman who has been left with permanent respiratory problems after part of her lung was removed following a cancer diagnosis, only for tests to later reveal she never had cancer.
Erica Flatley, 53, from Doncaster, underwent surgery to remove the lower lobe of her right lung in September 2020 following a diagnosis of suspected lung cancer. It was only after the procedure that doctors confirmed the mass was caused by pneumonia, not cancer, meaning the surgery had been unnecessary.
“At my two-week review, the surgeon told me I was in the one percent of people who didn’t have cancer, and that it was likely to have been an infection,” said Erica.
“I was just as shocked to find out I didn’t have cancer as I was when they first told me I did. At the end of the day, an infection can be treated with medication - I didn’t need life-changing surgery.”
Erica, who has worked in the NHS for more than 30 years, says the operation has left her with lasting health problems including chest pain and breathlessness.
Her symptoms have significantly affected her day-to-day life. She has become more dependent on an inhaler and is now pushing for a nebuliser at home to avoid recurrent hospitalisations, with the chance she may need low-flow oxygen in the future.
“I’ve had asthma since I was 17, but my respiratory problems have increased unbelievably since the surgery. It’s completely floored me. Just talking or walking into the kitchen can set my symptoms off. Sometimes I feel like my lungs are too heavy for my body, other times my breathing difficulties are so bad it’s like I’ve had the operation again.”
It has also impacted her career as a neonatal nurse assistant at Doncaster Royal Infirmary, with the mum-of-three now considering early retirement on health grounds.
Erica’s health problems began in July 2020 when she woke with a pain in her shoulder. Having had a blood clot in her third pregnancy, her GP referred her to the emergency department at Doncaster Royal Infirmary to rule out a pulmonary embolism.
Various tests were performed, including a CT pulmonary angiogram (CTPA) and PET scan, both of which showed a mass in the lower lobe of the right lung.
Despite being a non-smoker, respiratory specialists suspected Erica had lung cancer that had spread to the lymph nodes but were hopeful that it had been caught at an early stage.
“My first response was ‘I don’t smoke,’ but the doctors said it didn’t matter, you can still get lung cancer as a non-smoker. I had to go home and tell my children and parents that I had cancer. I tried to be strong for them, but I just fell to pieces. You hear the word cancer and you automatically think you’re going to die.”
Erica says her husband twice asked whether a biopsy would be carried out to confirm the diagnosis, but recalls being told this was not possible during the COVID-19 pandemic. Instead, she was referred to the thoracic surgery team at Sheffield’s Northern General Hospital.
In September 2020, eight weeks after the initial diagnosis, Erica underwent open surgery to remove half of the affected lung and the surrounding lymph nodes.
“Any plan of care they made, I completely put my trust in their hands and went with whatever they said was my best option, as most people would have done. This is their profession and expertise so why would I question anything they said?”
After the misdiagnosis came to light, Erica pursued a clinical negligence claim with the support of Sheffield-based law firm, Medical Solicitors. The two hospital trusts involved did not admit liability or causation case but the case was resolved with a settlement.
“It was never about the money, it was about recognition of what happened and making life easier as my health deteriorates,” said Erica.
“I can’t fulfil my life how it was before. Before the operation, I went running and to the gym, now I can only walk for short periods before I need to stop for a rest. Even our dog put weight on because she was only having ten-minute walks.
“I love to cook but I struggle to lift a pan to drain it because of the nerve damage. If I can’t cook then, in my eyes, I’m not providing for my family and it makes me feel inadequate as a mum. But I won’t let this beat me.”
Mrs Flatley’s solicitor, Miriam Bi, said: “This case highlights the devastating consequences that can occur when serious illnesses are misdiagnosed.
“While medicine is complex, patients deserve appropriate investigations and clear communication before undergoing life-changing surgery. We are pleased with the outcome and that we could help our client secure justice and some answers.”