Medical Negligence Lawyers Join Family In Calling For Lessons To Be Learned

A beloved husband died of lung cancer after medics didn’t act upon a suspicious X-ray, meaning his disease was left to progress for over a year. 

John Johnson, known as Jim, was admitted to the emergency department at Gateshead’s Queen Elizabeth II Hospital on 8 April, 2022, after fracturing his leg in a fall at home. Ahead of planned surgery on his fracture, because of his age and the potential need for a general anaesthetic, he underwent a chest X-ray. 

The results of this scan reported a suspicious lesion in his right lung which was “red-flagged” by a radiographer. It was recommended in the X-ray report that Jim should be referred to the respiratory team as soon as possible, an internal NHS investigation report seen by expert medical negligence lawyers at Irwin Mitchell said. 

Gateshead man Jim wasn't referred after test results missed

Jim, of Rowlands Gill, Gateshead, was transferred from the emergency department to an orthopaedic ward for his planned surgery.  However, following his transfer nobody looked at his tests results, meaning they were “missed” and no respiratory referral was made, the report said. 

Jim was discharged home shortly after his surgery and no further action was taken.

In May 2023, Jim returned to hospital with severe breathing difficulties and the results of the earlier chest X-ray were noted. Further investigations were carried out and Jim was diagnosed with lung cancer “which had worsened considerably over the previous year” and had spread to his spine, the report said. 

Despite treatment, Jim died aged 70 on 22 November, 2023. 

Jim's wife Eva asks medical negligence lawyers to investigate 

Following the former HGV driver’s death Jim’s wife of 50 years, Eva, instructed specialist medical negligence lawyers at Irwin Mitchell to investigate his care and secure answers.  

Eva, 71, has now spoken for the first time about her “heartbreaking loss”. She has joined her legal team in calling on Gateshead Health NHS Foundation Trust, which runs Queen Elizabeth II Hospital, to ensure it learns lessons to improve patient safety. 

It comes after a Patient Safety Incident Case Review report by the Trust, found there was a “lack of ownership” for the test results of patients who transfer from the emergency department to other speciality care areas. 

It meant there was a “missed opportunity” to refer Jim for specialist care the previous year. 

An inquest concluded that Jim died of natural causes contributed to by neglect. Assistant coroner James Thompson ruled that when Jim went back to hospital in May 2023 treatment options to cure his cancer were unavailable. 

Legal expert urges Gateshead Hospital Trust to learn lessons

Stuart Bell, the expert medical negligence lawyer at Irwin Mitchell representing Eva, said after the hearing: “Eva and the rest of Jim’s loved ones remain devastated by his death and the events that unfolded. 

“Understandably they have a number of concerns regarding whether more could have been done to help Jim once his lesion was identified on an X-ray. 

“Sadly, and as highlighted in the Trust’s internal investigation report, the inquest has heard worrying evidence about how there were missed opportunities in Jim’s care. 

“While nothing can make up for the pain Jim’s family have endured, we’re pleased that we’ve at least been able to provide them with the answers they deserve.  

“While the Trust has committed to introduce measures to ensure scan results are appropriately reported and acted upon, it’s vital that staff are supported to ensure these measures are upheld at all times. 

“Early detection and treatment are key to beating cancer.”

Lung cancer: Jim Johnson's story

The Hospital Trust’s report said it was usual for emergency department staff to request initial tests prior to the transfer of care, to save time later. 

The request for an X-ray was appropriate. However, while the results were electronically filed in Jim’s notes, no referral to the respiratory team was made despite the recommendations of the radiographer and the ‘red flag’ highlighted on the report. 

Instead, there was an assumption that the X-ray result was visible to the orthopaedic team. When patients were transferred to other departments it was assumed staff would look back at previously requested tests and results. 

This did not happen and the X-ray result was “missed”. Staff assumed the referral would have been done by someone else “when in reality it was not done by anyone,” the Trust’s internal investigation found. It added that that Jim’s care highlighted “significant concerns” and a “lack of ownership” regarding how X-ray reports were filed.

As a result, the Trust introduced a policy where tests results, which highlight possible suspicions of lung cancer, are sent straight to specialists for discussion, the report said.

This “gives assurance test results should not be missed in this way now,” it added.

While lung cancer was rarely curable, an earlier diagnosis would have almost certainly changed the progression of disease and the potential treatment options available to Jim, which the report noted were “very different” a year later following his official diagnosis.

Eva's tribute to husband of 50 years as she issues cancer warning

Eva said: “Jim was such a character. He was a real joker who loved to make people laugh. Jim enjoyed going for a walk every day and he would talk to anyone who would listen. He was a proper chatterbox.

“Jim's main hobby was DIY and there wasn't anything he couldn't do. He would give a helping hand to anyone who needed it. He was so well known in our village for that reason and for being so friendly.

“Jim was determined to try everything he could to get better. He fought so hard with his illness and it was heartbreaking for me and the rest of the family to see the pain he suffered and feel so helpless.

“My whole world has been turned upside down since his passing as we were together from school and married for 50 years.

“Our family can’t thank enough all of the doctors, nurses and other medical staff for everything they did to try and help Jim following his official diagnosis. However, we remain upset at the issues he faced and how his cancer could have been diagnosed sooner. 

“We thought we’d have many more years together and it’s difficult not to think we’ve been robbed of those years.

“We miss Jim every and our family isn’t the same without his personality and warm smile. We just hope that by sharing our story we can help others receive the care they should so they don’t have to suffer the pain we have.”

Find out more about Irwin Mitchell's expertise in supporting patients and families affected by cancer care delays at our dedicated cancer claims section. Alternatively, to speak to an expert contact us or call 0370 1500 100.