A grandfather is taking legal action against the NHS after spending all his money when he was told he had months to live - only to learn he had been misdiagnosed.

John Brandrick was told he had pancreatic cancer two years ago after scans revealed a 7cm tumour.

The 62-year-old, from Newquay, Cornwall, said he was told by doctors at the Royal Cornwall Hospital in Treliske that he only had a limited time to live. As a result he decided to enjoy what time he had left living a lavish lifestyle of hotels, restaurants and trips away.

Then the hospital told him that he was actually suffering from the non-fatal pancreatitis and not pancreatic cancer.

Mr Brandrick said that in the year that he thought he was dying he spent everything and now he faces losing his house.

"My life has been turned upside down by this," he said. "I was told certainly, by the doctor, that I had cancer and from that day I lived life in full. I was told I had limited time to live. I got rid of everything - my car, my clothes, everything."

Mr Brandrick is now seeking compensation but said he is 'not a leech' and does not want to have to go through the courts.

He said: "I do not want to pay solicitors, I do not want the hospital to pay solicitors because there are people that need that money. But if they have made the wrong decision they should pay me something back."

The Royal Cornwall Hospital's NHS Trust said there is "no clear evidence of negligence" in the case.

A spokesman said: "The diagnosis of pancreatic cancer was based on the outcome of a series of investigations and the symptoms that Mr Brandrick was experiencing early in 2005. Whilst we do sympathise with Mr Brandrick's position, clinical review of his case has not revealed that any different diagnosis would have been made at the time based on the same evidence. The NHS Litigation Authority has agreed that there is no clear evidence of negligence in Mr Brandrick's treatment."




[Edited 5/7/07 8:05am]

if they misdiagnosed him, i hope he wins.

Man, take it for what it is - A second chance. Your friends should be the ones helping u out and recipricating your kindness (as well as celebrating your life).