Our client had a long and complicated history
of symptoms for which she attended regular GP and hospital
appointments dating back to December 1989. During that time, she
was suffering chronic pain and her GP requested a full range of
blood tests in August 2000.
The blood tests, which showed she had raised
levels of alkaline phosphatase, were received by the GP practice
very promptly, in fact the following day. Sadly, and negligently,
the blood test results were neither noted nor actioned.
Our client in fact had cancer which was not
diagnosed for some months. She suffered from spinal cord
compression, restricted mobility and sphincter control and
considerable pain. As a result of the cancerous tumour in her
spine, our client's condition deteriorated and she passed away in
July 2002.
It was alleged that there was a negligent
failure by our client's GPs to treat her symptoms with the
seriousness that they warranted and accordingly to refer her for
further investigations into the cause of her back pain and to act
upon her abnormal blood test results in August 2000.
Although it was accepted that given the
seriousness of our client's cancer, her ultimate prognosis would
have been poor.
It was alleged that earlier diagnosis and
hence earlier treatment would have delayed her death by some months
if not years and further would have eliminated the chronic pain and
emotional distress caused as a result of being left untreated and
not provided with a proper diagnosis for her condition.
Following our client's death, her husband
brought an action against her GP Practice under the Fatal Accidents
Act 1976/Law Reform (Miscellaneous Provisions) Act 1934 for
statutory bereavement damages and his late wife's funeral
expenses.
Following service of a Letter of Claim, the
Defendant conceded that "It is clear that the abnormal result was
noted by a member of staff at the practice because the finding was
ringing and ticked for filing but no further investigations
regarding this were carried out".
It was also conceded that this constituted a
systems failure at the practice and therefore fell below a
reasonable standard of care. In relation to causation, the
Defendant accepted that had our late client's abnormal blood test
results in August 2000 been followed up, her bone metastasis would
have been established at that stage.
It was most likely that she would have
received radiotherapy which would in turn have provided her with
pain relief and prevented the development of her spinal cord
compression.
This was not in fact diagnosed until August
2001 and it was therefore accepted that as a result of the delay in
diagnosis in August 2000, our late client suffered 12 months of
increased pain together with additional symptoms from her spinal
cord compression.
Unfortunately, we didn't have the opportunity
of obtaining a signed witness statement from our late client before
she passed away.
Her husband appreciated the evidential
difficulties that this caused and was keen to see a conclusion to
the claim following the sad loss of his wife. He therefore accepted
the Defendants' Offer of £10,000 plus payment of his costs in June
2005. He was very pleased with the settlement.
Clinical Negligence Team
Hodge Jones and Allen