Summary
Gregory Abrams Davidson Solicitors recover substantial damages in tragic case concerning a delay in diagnosis of cancer resulting in premature death. The Defendant Hospital failed to act upon the results of a colonoscopy which indicated that the deceased required polyp excision, which would have been curative. The deceased was diagnosed with colorectal cancer with metastases 3 years later and died shortly after as a result of the cancer.
Facts of Case
The deceased was under the Iron Deficiency Anaemia (IDA) Service for close observation. He was subsequently referred for a CT scan to investigate his iron deficiency anaemia. The CT scan reported as showing abnormalities of the colon at the junction between the large and small intestines. In light of this conclusion, the deceased was referred for a colonoscopy.
The colonoscopy findings were reported as possibly abnormal and representative histology samples were taken. The histology report, confirmed non-cancerous abnormalities requiring close observation, however, this was electronically filed and no further action was taken.
The deceased continued under haematology review for the next few years and whilst iron deficiency anaemia was noted, it was felt that this had been investigated suitably by gastroenterology services and as a result no further colonoscopies or CT scans were requested.
Three years later, concerns raised in the haematology service led to the deceased being referred back to the gastroenterology Iron Deficiency Anaemia Service, where he was assessed as being too frail to book directly for a colonoscopy, and was again booked for a CT scan to investigate the recurrent iron deficiency anaemia, weight loss and ongoing gastrointestinal symptoms.
The CT scan demonstrated cancer at the join between the large and small intestines. The deceased was admitted for surgery but was deemed unsuitable for chemotherapy/radiotherapy. The deceased sadly passed away 6 months following surgery. The death certificate stated metastatic colorectal cancer as the cause of death.
Case Progression
A Root Cause Analysis Investigation Report was commissioned by the Defendant hospital
Of significance, the report noted there had been Care and Service Delivery Problems including but not limited to:
- Failing to act on abnormal results from histology report.
- There was a failure of IT based fail-safe flagging system of identifying significantly abnormal results.
- Failure of administrative process to identify and track non-discharged patients.
- Failure to review in a timely manner and then act upon abnormal results, which meant a repeat colonoscopy and attempt at polyp excision was not undertaken.
As the Defendant Trust had informally accepted there had been failures (breaches of duty) on their part we concentrated our investigations on the likely consequences (causation) of the delayed detection and treatment. We obtained independent expert evidence on causation from a Consultant Oncologist and a Consultant Radiologist.
A formal Letter of Claim was sent to the Hospital Trust alleging that but for the delay in treatment, the deceased would have been successfully treated and survived.
In the Hospital’s Letter of Response they agreed that the tumour would have been diagnosed much sooner but disputed that death was a consequence of metastatic colorectal cancer, contrary to the death certificate.
They instead argued that death was as a consequence of renal failure due to pre-existing renal disease, infection and the combined effect of his co-morbidities. Therefore in summary whilst the Defendant accepted there had been an unacceptable delay in cancer treatment they disputed that this delay was linked to the death.
In order to attempt to narrow and resolve the dispute the Parties agreed to early exchange of expert evidence focusing on the cause of death and whether it was caused by the delay in diagnosis and treatment of cancer. Additionally a Schedule of Loss was provided to the Defendant.
Despite the Defendant’s previous firm denial, they subsequently put forward a substantial formal offer to settle the claim including payment of damages and legal costs. This offer was accepted meaning a negotiated settlement was achieved without the need to commence Court Proceedings.
Comments on the case
Richard Malloy, Head of Medical Negligence at Gregory Abrams Davidson commented that “it was very positive that the Hospital undertook their own independent investigation and identified failures in their care as well as recommendations to hopefully prevent such incidents happening again in the future.
Unfortunately rather than accept that their admitted failings had caused death the Defendant Hospital choose to deny this, despite the fact that this was contrary to the contents of the formal death certificate. It was therefore necessary for us to commission and disclose independent expert evidence which confirmed that the death certificate was accurate and the deceased sadly died as a result of metastatic colorectal cancer. We were pleased following disclosure of this evidence to have then been able to achieve a significant payment of damages for our client.”.
Gregory Abrams Davidson Solicitors deal with claims for compensation against hospitals (both NHS and Private), dentists, general practitioners, pharmacists and opticians. We have offices in Liverpool City Centre, Allerton, Garston Village and Golders Green, London. We offer a free initial case assessment and No Win No Fee Funding is available. To enquire contact a member of our Medical Negligence new enquiries team on 0151 733 3353, email This email address is being protected from spambots. You need JavaScript enabled to view it. or complete our online contact form.
