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Delayed gynaecological cancer diagnosis

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This case concerns the Defendant’s negligent delays in diagnosing and treating our client’s cancer for a period of 15 months.

An out of court settlement and admittance of liability by the Defendant, the Northern Care Alliance NHS Foundation Trust, led to a £110,000 compensation settlement.

Our client first called 111 doctors with abdominal pain and followed up with a visit to her GP who then referred her to the Royal Oldham Hospital, where doctors initially suspected appendicitis, although a later scan ruled this out.

Over 5 months later our client was again in severe pain and was admitted to the same Oldham Hospital where a CT of her abdomen and pelvis showed a density mass.  A second ultrasound showed up an adnexal mass which had increased in size in a few days.

Histopathology indicated small bowel endometriosis and a multi-disciplinary team meeting at the hospital confirmed this and a treatment plan was agreed, although her pain continued and a further hernia was noted, which she was treated for.

Over a period of months, our client suffered repeated bouts of abdominal pain, vomiting and discomfort and over a year and a half after her initial 111 call she was transferred to St Mary’s Hospital, Manchester, where an MRI scan confirmed a malignancy.

Endometrial stromal sarcoma

A further liver biopsy at North Manchester General Hospital revealed malignancy and our client received a diagnosis of endometrial stromal sarcoma. – a gynaecological cancer that develops in the lining of the uterus and sometimes linked to pre-existing endometriosis.

When she visited the Christie for hormone therapy treatment she was told that her diagnosis had been missed by the Royal Oldham Hospital and a serious incident investigation was going to be carried out.

Almost 2 years later a CT scan revealed progressive disease and whilst she continues to receive treatment her prognosis is guarded.

Breach in duty of care

An incident investigation by the Trust revealed a breach in duty of care:

  • Referral to pathology failed to mention suspicion of malignancy, despite it being highlighted in radiology reports
  • The consultant histologist failed to identify presence of endometrial stroma sarcoma
  • Colorectal MDT failed to note malignancy
  • And had the cancer been identified correctly a hysterectomy could have been carried out

“Had our client received early intervention she could have been treated by surgery, a hysterectomy, removal of her ovaries and staging biopsies, as well as endocrine hormone treatment,” said Pearson's, Solicitor and Head of Medical Negligence , Jacqueline White.

Expert medical evidence was gathered during the course of this case from an oncologist which stated that with earlier diagnosis there would have been no metastatic spread and earlier treatment could have resulted in longer life expectancy.

“Sadly, all too often we are seeing mistake after mistake in treatment and diagnosis, had my client been diagnosed earlier she could have had treatment, the cancer may not have spread and she would not have had to endure such painful and extensive treatments.  Her compensation takes into account the 15 months without treatment and avoidable surgeries.

“Lessons should be learned from this and every case we come across and families need answers when things go wrong,” said Jacqueline White.

How can we help?

If you have received poor medical care or wish to discuss a compensation for delayed cancer diagnosis contact our medical negligence solicitors on 0161 785 3500 or email enquiries@pearsonlegal.co.uk

Please note that the information and opinions contained in this article are not intended to be comprehensive, nor to provide legal advice. No responsibility for its accuracy or correctness is assumed by Pearson Solicitors and Financial Advisers Ltd or any of its members or employees. Professional legal advice should be obtained before taking, or refraining from taking, any action as a result of this article.

Written by Jacqueline White

Author
  • Accredited Clinical Negligence - The Law Society
  • UK Leading Firm - The Legal 500

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