Clinical Negligence

Compensation recovered for delayed diagnosis and treatment of endometrial cancer

Jonathan Herbert, specialist clinical negligence lawyer, acting for the executors of a lady who sadly passed away before her case concluded, successfully obtained a settlement of £42,500 in respect of damages for her pain and suffering and financial losses.

The deceased was aged 78 when Maidstone Hospital failed to act on a thickened uterine cavity.  A CT scan revealing an abnormal uterus was misreported and not followed up.  It was the deceased’s case that the cancer was stage III at the time.  A subsequent CT scan  showed that the cancer had spread and had become grade IV.  In the meantime and subsequently, the deceased suffered:

  • Prolonged bleeding and abdominal pain
  • Spread of cancer to the lymph nodes in her neck
  • Loss of independence
  • Emergency services involvement because of uncontrollable pain
  • Blood transfusions
  • With uncontrollable heavy bleeding from her womb
  • Such extensive deterioration that hospital admission was necessary.

Despite eventually receiving radiotherapy, further blood transfusions and steroid treatment, she died from the cancer about 2.75 years after she should have started treatment which would have been curative.

The executors argued that but for the defendant’s negligence the deceased would have survived for at least 5 years from her diagnosis.

The defendant admitted breach of duty but denied that this resulted in any change in the deceased’s outcome.

Attempts to settle the claim were unsuccessful and court proceedings were issued.  As the case proceeded towards trial, negotiations recommenced and a settlement was reached.

Jonathan Herbert specialises in cases involving delayed diagnoses.  If you would like to ask him a question about a potential case, or if you have a general query about any personal injury, contact Jonathan at Thomson Snell & Passmore solicitors on 01892 701226 in confidence. We offer no win no fee agreements on the vast majority of our clinical negligence and personal injury cases.

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