£450k obtained for delay in cancer treatment

Sharon Allison, Partner in Ashtons Medical Negligence team, has obtained £450k for the family of a man who sadly died after a delay in cancer treatment.

Mr F visited his GP with nocturia in January 2010. His Prostate-Specific Antigen (PSA) levels were tested and he was informed that he had an enlarged prostate.

Mr F attended an appointment at Queen Elizabeth Hospital in Kings Lynn a month later. A biopsy was taken and Mr F was referred to the specialist cancer team at Norfolk and Norwich Hospital, where he was told that he had prostate cancer. Mr F’s consultant advised him and his wife that the cancer was small and manageable. He was advised that his cancer could be managed conservatively without surgical treatment at that time. He was told that he would be kept under review.

In March 2011, Mr F started to notice blood in his urine which he was advised was likely due to a urinary tract infection. He was tested for this and no infection was found. He began to experience back pain and had pain when urinating. An MRI and bone scan were arranged in October 2011, and it was found that the cancer had spread and he had only 3-5 years to live.

Mr F began to lose his mobility and independence, and was in a lot of pain. Mrs F had to run the household by herself and became a carer for Mr F. She had to be signed off work due to stress.

Mr F sadly passed away in May 2014, aged 62.

The claim was settled for £450,000.

Sharon Allison, Partner at Ashtons Legal, commented: “This was a particularly sad case where a gentleman who had a very good prognosis at the point that his cancer was first diagnosed, ended up losing his life due to delay in much needed surgery to treat his cancer. This has been very difficult for his widow and family to come to terms with knowing that the outcome could have been very different. What is also very distressing is that it took the family almost five years to reach a settlement which only came after a failed mediation and two months before a trial. Although the government still continues to attempt to address litigation costs in medical negligence cases and in doing so, those proposals seek to disadvantage injured patients or families and restrict their access to justice, this case illustrates much work needs to be done on the defendants approach to these claims. Too many cases settle just before trial, however by this time, substantial unnecessary cost has been incurred which would be better directed elsewhere in the NHS I suspect.”