MEDICAL NEGLIGENCE

Medical negligence claim involving delayed diagnosis of salivary duct cancer

Reviewed by Michael Blakemore-Carson Associate & Litigation Executive

Last Updated 2nd November 2026

A family secured a six-figure settlement after a 55-year-old man sadly died from salivary duct cancer following delays in diagnosis. The claim involved failures by his GP and an NHS Trust, which meant opportunities for an earlier diagnosis were missed. The settlement was secured after court proceedings were issued and further negotiations took place.

In this case...

What happened: The client’s husband’s symptoms were not properly investigated, delaying his cancer diagnosis.
The diagnosis and its consequences: The client’s husband was diagnosed with advanced salivary duct cancer and died one month later.
The impact on the client and her family: The client faced the loss of her husband and a legal process she described as isolating.
How the team on the case pursued the claim: Independent medical experts helped establish failures in care, while the team challenged the Defendants’ position on the outcome.
How the claim was resolved: A six-figure settlement was secured after court proceedings and further negotiations.
Support for families after fatal medical negligence: Specialist legal support can help families investigate what happened and pursue a claim.

What happened: The client’s husband’s symptoms were not properly investigated

The client’s husband first visited his GP with concerns about a persistent lump in his neck. The GP did not detect the lump or refer him for further investigation. The GP also failed to document advice about what to do if his symptoms continued or worsened.

Over the following six months, the lump continued to grow. When he returned to his GP, the doctor referred him for an urgent suspected cancer investigation. He underwent ultrasound and MRI scans at an NHS Trust, but doctors diagnosed Kuttner’s disease, a benign inflammatory condition.

Around a year later, his symptoms worsened. He was admitted to hospital with severe chest and back pain that radiated through his body. A biopsy confirmed high-grade salivary duct cancer that had already spread to other parts of his body.

The diagnosis and its consequences

Salivary duct cancer is a rare and aggressive form of cancer. By the time doctors diagnosed the client’s husband, the disease had spread, leaving limited treatment options.

He sadly died just one month after receiving his diagnosis. The speed of the progression and the late diagnosis meant that the family had very little time between learning the cause of his symptoms and losing him.

Independent medical experts later confirmed that, had the failures in care not occurred, his cancer would likely have been diagnosed much sooner. With earlier treatment, the cancer would likely have been successfully cured.

The impact on the client and her family

Losing a loved one to cancer is devastating. For the client, the circumstances surrounding her husband’s death also raised difficult questions about whether earlier investigations could have changed the outcome.

The legal process brought its own challenges. The client described feeling isolated and alone at times, making it particularly important that she felt understood and supported throughout her claim.

Reflecting on the support she received, the client explained how much it meant to have someone who understood the full circumstances of what had happened.

I honestly think you are the only person in the entire world who understood what happened in its entirety, and that was immensely helpful during a process that felt very isolating and lonely at times. Thank you for everything. It’s hard to communicate how much I appreciate it. Please also thank Maya for me. You two have been in my life for so long. It almost feels a little weird that this has finally come to an end.

How the team on the case pursued the claim

The team obtained independent expert evidence from a GP and a leading consultant oncologist specialising in head and neck cancer. Their opinions confirmed failures in the care provided by the GP at the initial consultation and by the NHS Trust in its handling of the ultrasound and MRI scans.

The GP denied responsibility, while the NHS Trust acknowledged that the imaging results should have prompted further investigation and an earlier diagnosis. However, the Defendants disputed whether an earlier diagnosis would have changed the outcome.

Mediation did not resolve the dispute, so the team issued court proceedings. A further settlement meeting followed, but the Defendants did not make reasonable offers to resolve the claim.

The team continued negotiating on the client’s behalf and secured a settlement significantly higher than the Defendants’ initial offer.

How the claim was resolved

The family secured a six-figure settlement following the delayed diagnosis and death of the client’s husband.

The settlement represented a significant increase on the Defendants’ initial offer, following continued negotiations after court proceedings were issued.

Although no financial settlement can undo the loss of a loved one, resolving the claim brought the legal process to an end for the family. The client’s comments also highlighted the value of having support from someone who understood what had happened throughout a difficult and isolating experience.

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Support for families after fatal medical negligence

If you’ve lost a loved one following a delayed cancer diagnosis, you may be left with questions about whether their condition could have been identified sooner. Seeking answers can feel particularly difficult while you’re grieving.

Fletchers’ specialist medical negligence solicitors can help you investigate the care your loved one received and explain whether you may be able to bring a claim.