TORBAY Hospital has paid an undisclosed sum in an out-of-court settlement to the family of a 52-year-old father who died after a consultant missed early signs of lung cancer.

The case involved Dr Graham Urquhart, who was at the centre of an earlier breast screening scandal after which 11 women died.

Torquay primary school teacher Lynn Biddick brought a claim for damages 'in excess of £300,000' against South Devon Healthcare NHS Foundation Trust following the death of her husband Martin. The Trust admitted full liability.

Lynn, who lives in Chudleigh with the couple's 14-year-old daughter, made the claim after consultant radiologist Dr Urquhart, from Churston Ferrers, failed to diagnose from an X-ray in 2005 that Mr Biddick was suffering from the early stages of lung cancer.

Dr Urquhart and a colleague had been found guilty of serious professional misconduct after a series of X-ray cancer screening blunders between 1991 and 1997 when 82 women were wrongly given the all-clear. Eleven later died. At the time he saw Mr Biddick, the radiologist had just finished a period of re-training and supervision and was allowed to practice at the hospital, though not in the breast screening unit.

A battle had been looming at the High Court in London, with Mrs Biddick suing the Trust. Mrs Biddick has now confirmed that both parties have reached an out-of-court settlement prior to trial.

She said after the settlement that she believed her fit, non-smoking husband, who was a project manager for British Telecom, would be alive today if the early, operable signs of lung cancer had been picked up in 2005.

By the time cancer was diagnosed in 2009 it was too late; tumours had spread to the brain and lymph nodes.

Now Mrs Biddick says she wants to warn other cancer patients who were given the all- clear by Dr Urquhart between 2004 and 2009 to get a second opinion.

"Martin died on the ninth day of the ninth month of 2009, which is like a 999 warning sign to other people,," she said.

She would not reveal the financial details of the settlement.

In August 2005 Dr Urquhart gave Mr Biddick the all-clear after inspecting a chest X-ray.

The writ claimed the trust, as the liable party, should have spotted early signs of Mr Biddick's illness in the X-ray.

It claimed the failure caused a delay in his treatment which proved fatal.

Mrs Biddick said: "If I'd been someone who had gone to the hospital and had an X-ray between 2004 and 2009 I would want to know whether it was by Dr Urquhart and would want another opinion.

Mrs Biddick now plans to write a book about her experiences.

A statement from the hospital said: "South Devon Healthcare NHS Foundation Trust wishes to express its profound regret and deepest sympathy for the circumstances leading to the death of Mr Biddick.

"Liability has been admitted in full and settlement has been achieved."

Dr Urquhart has since taken early retirement and is no longer registered to practise. He said he had no comment to make on the matter.