Client Can Get CBT and Surgery after Delayed Cancer Diagnosis

Lindsay Clark
Author:
Lindsay Clark
Medical Negligence Solicitor
Date:
18/05/2021

Ms R was diagnosed with more advanced cancer after a delay in referral, but we helped her get the care and support she needed.

Ms R asked for our help as she felt her cancer was diagnosed later than it should have been.

Our client went to her GP reporting symptoms of rectal bleeding, but she was prescribed medication instead of being referred to secondary care, and no follow-up appointment was arranged. 

Ms R was eventually diagnosed with cancer, but had her GP carried out a proper investigation and referred her to a specialist, she would’ve been diagnosed with cancer almost a year earlier.

Because of this delay, she didn’t get the treatment she needed on time, the cancer became more advanced and she had to have more invasive surgery.

Following her surgery, Ms R relied on help from her partner with tasks such as childcare and housework. This went over and above the kind of help he’d usually be expected to provide in the household.

Ms R also started suffering with depression, which she felt was the result of what she had gone through.

How We Helped

Ms R got in touch with our team of specialist Medical Negligence Solicitors, and following a free claims assessment, I agreed to help her claim compensation.

Her doctor denied responsibility and argued it was down to Ms R to prove that the treatment she received led to her later health problems.

The GP also said that Ms R had been told to return for a review of her various results, which would have offered a chance to investigate her symptoms and the effectiveness of her treatment, but this was disputed.

Medical Evidence

I arranged for Ms R to be assessed by three independent experts, who each prepared detailed reports on her condition and how it was affecting her life.

This helped us work out what care, support and rehabilitation she would need in the future, and value her compensation claim correctly.

Assessing the Financial Impact

I also looked at how the medical negligence had affected Ms R financially, as she had to leave her full-time job and move into a part-time role.

This meant her income fell dramatically, and she also missed out on the various benefits she had in her previous role, such as:

      • Private health insurance
      • A private occupational pension,
      • A company car
      • Subsistence payments
      • Performance-related bonus payments

What was the Outcome?

As the GP’s representatives didn’t admit fault, I had to start Court proceedings. But following a period of negotiation, Ms R was offered £200,000 in compensation, which she accepted.

The settlement means she can get the future treatment that was recommended by the experts we instructed.

For example, Ms R was advised to have a course of Cognitive Behavioural Therapy (CBT) that costs several thousand pounds, and she could need surgery as she’s at risk of developing a hernia.

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