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  • Overview

    Jonathan Herbert, specialist clinical negligence lawyer based at Thomson Snell & Passmore’s Tunbridge Wells and Dartford (Thames Gateway) Offices, has secured £67,500 for a patient who required extensive open surgery after her kidney cancer remained undiagnosed for 13 months.

    The claimant was a 71 year old woman who went to see her general practitioner with shortness of breath, chest pains, fever at night and occasional tachycardia in June 2010.  Her GP sent her to the East Surrey Hospital (the defendants) where she was admitted.

    An abdominal/pelvic CT scan was undertaken that the claimant was discharged with a primary diagnosis of a pulmonary embolism.

    Thereafter the claimant reported a number of ongoing symptoms to both her GP and the defendants where she remained an outpatient. 13 months after the initial admission, she was referred back to hospital due to blood in her urine.

    A CT scan showed that the claimed had a substantial right renal carcinoma (cancerous tumour) which had extended from her kidney into the perirenal tissues and the inferior vena cava.

    When the previous CT scan taken in June 2010 was compared it revealed that the previous scan had shown a tumour was present in the right kidney at that time, but was considerably smaller and had not extended into the vena cava.

    The claimant was transferred to King’s College Hospital where she was admitted for open radical right nephrectomy, IVC tumour thrombectomy and IVC synthetic patch graft.  She found the whole episode very hard and very frightening.

    An earlier diagnosis would have resulted in a laparoscopic operation which would have resulted in full recuperation within six weeks at the most with a much better prognosis for her cancer. Unfortunately subsequent scans revealed that the cancer had metastasized to the client’s lungs. The claimant’s recovery was very prolonged and she became very weak requiring a wheelchair.

    After obtaining expert opinions and reports, Jonathan Herbert was able to obtain a settlement of £67,500 for the claimant to compensate her for her pain and suffering and to take account of her need for future treatment and care.

    Jonathan Herbert specialises in oncology (cancer) cases. If you would like to ask Jonathan a question about a potential case, or if you have a general query about any clinical negligence, please contact him on 01892 701226 in confidence.

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Jargon Buster