Sophie Townsend has won £50,000 compensation for her client whose husband died due to a delay in cancer diagnosis.
Mr R was referred to North Devon District Hospital due to suffering from haematuria at the beginning of 2018. An ultrasound of his bladder was undertaken at the end of April 2018 which noted a possible lesion within his bladder, but this was attributed to the problems that he’d previously suffered with his prostate.
Mr R underwent a cystoscopy and a flexi-cystoscopy within two months following his ultrasound, but due to the extent of his haematuria, these were difficult to undertake, and again it was concluded that his condition was associated to previous prostate problems. He was then discharged back into the care of his GP.
Mr R attended his GP in the following months, as he continued to suffer from haematuria. He was provided with reassurance and told that it was likely to be related to his prostate condition. A further urine test was undertaken, but this did not allow any diagnosis to be made. As Mr R’s haematuria worsened, he was re-referred to North Devon District Hospital who learnt of the extent of his haematuria, and difficulties in passing urine.
Mr R underwent a CT scan of his abdomen and pelvis in November 2018, which concluded that he was suffering from a large cancerous bladder lesion, and metastases were noted. However, he was not informed of his diagnosis until approximately one month later when he was commenced on radiotherapy and underwent a resection of his bladder.
Unfortunately, Mr R’s cancer was very aggressive, and he passed away in mid-January 2019.
Sophie was contacted by his widow about the delay in cancer diagnosis and agreed to make a compensation claim, working on a no win no fee basis. She was able to quickly obtain an admission of liability in respect of the failings of the Trust. However, the Trust maintained that due to the aggressive nature of Mr R’s cancer, an earlier diagnosis would still not have prevented his death, as they were of the opinion that it had, on balance, metastasised within six months from the end of May 2018.
Despite these arguments being raised, Sophie negotiated an out of court settlement for Mr R’s widow, recovering compensation totalling £50,000.
Sadly, a delay in cancer diagnosis is a common occurrence. Although it is often difficult to show that the outcome would have been better if the cancer had been diagnosed sooner, it is still worth seeking expert legal advice. So, if you suspect that earlier investigation, diagnosis and treatment of cancer may have helped your loved one, please contact our legal helpline to discuss whether you are entitled to compensation.