A woman who was diagnosed with stomach cancer and underwent surgery to have her stomach removed – only to discover that the tumour within it was benign – has received an undisclosed cancer misdiagnosis compensation settlement from the Mid Staffordshire General Hospitals NHS Trust.

The 74 year old victim, who lives in Rugeley, Staffordshire, underwent surgery in 2004 after she was informed by doctors that a tumour in her stomach was malignant and the whole organ would have to be removed in order to stop the cancer from metastasizing. It was only during her long recovery following the operation that the woman learnt from medical support staff the operation had been unnecessary.

The woman, who wishes to remain anonymous, still suffers from painful digestive problems seven years after the erroneous operation, and has lost a substantial amount of weight as a result. She requires regular assistance in order to perform daily household activities and has had to withdraw from the voluntary work she once did for local charities.

The compensation settlement for the victim´s cancer misdiagnosis includes damages for the pain and suffering she experienced at the time of her operation, throughout the recovery period and that which is ongoing. The settlement also includes an element for the emotional trauma the woman suffered when first being told that she had a life-threatening cancer.

A man who was discharged from hospital with a broken neck, after he was assured by his doctor that he was “fine”, has won his doctor negligence claim for compensation and been awarded 7 million dollars compensation by a jury at the Federal District Court in Cheyenne, Wyoming.

Louis Prager was a healthy husband, father and grandfather who worked as an oil field worker near his home in Campbell County, Wyoming. On December 9 2008, Louis was rushed to Campbell County Memorial Hospital after being involved in a rollover accident in his car. Immobilised and wearing a neck brace, Louis was attended by Dr. Brian Cullison in the Accident and Emergency Department, who organised a CT scan and for x-rays to be taken of Louis´ head and back.

Dr Cullison released Louis the same day – without performing a physical examination, despite his patient complaining on neck pain, and minus the neck brace – but four days later, Louis returned to the Accident and Emergency Department of Campbell County Memorial Hospital having lost the use of his left arm and shoulder. He was diagnosed with multiple cervical spine fractures which had caused C5 nerve root injuries and underwent emergency neck fusion surgery.

Despite several further surgeries to relieve the pain and implant a spinal cord stimulator, the condition became permanent and, after taking legal advice, Luis sued Dr Cullison and the Campbell County Memorial Hospital for doctor negligence.

At the trial, the jury heard the hospital and Dr Cullison both deny the allegations of doctor negligence – with the doctor claiming that he had performed a physical examination and it was not usual practice for the victim of a rollover car accident to have neck x-rays. However, a medical expert testified that had the doctor examined Louis´ neck, he could not have failed to miss the injury.

After deliberating in private, the jury found in favour of Louis, and awarded him 7 million dollars for the pain and suffering he had experienced due to the doctor´s negligence, his loss of amenity and loss of income as he is no longer able to work. The jury also awarded Louis´ wife, Rebecca, a further 2 million dollars for loss of consortium – the combined figure setting a new record for the highest doctor negligence claim settlement in the State of Wyoming.