John was told that an abdominal scan in May 2019 was normal. Two years’ later, he was diagnosed with cancer in the appendix. A re-look at the May 2019 scan confirmed that the cancer had been present then but missed, resulting in a delay in diagnosis.
What Happened?
John saw his GP in May 2019 as he was worried about a change in his bowel habit and weight loss. He was found to have iron deficiency and the GP referred him to the local hospital for possible cancer investigations.
Following tests, which included a scan, John was informed that he did not have cancer, but he did have diverticulitis. Over the next two years, John experienced abdominal pain and bloating. He saw his GP and it was assumed that it was due to the diverticulitis and so he was treated with antibiotics.
John had routine blood tests in March 2021, which flagged an iron deficiency and given the symptoms he had been experiencing over the last couple of years, the GP made an urgent referral for tests. Prior to these being undertaken, however, John attended Accident and Emergency with severe pain in the right iliac fossa region. He was admitted for suspected appendicitis.
A scan confirmed that John’s appendix had ruptured and that it appeared he had cancer in his appendix. The hospital looked back at the scan done in May 2019 and, as part of the Duty of Candour process, told John that an error had been made in that the 2019 scan had shown an abnormality but this had not been reported.
John underwent cytoreductive surgery and hyperthermic intraperitoneal chemotherapy, which is when the cancer is removed surgically from the abdominal cavity, which is then bathed with hot chemotherapy to kill any microscopic cancer cells that remain. Following that he underwent a course of chemotherapy over a period of many months, which caused grade 1 neuropathy in his hands and the need for further hospital treatment for neutropenic sepsis.
How we helped:
In light of the hospital’s admission that they had failed to report the May 2019 scan properly, John contacted us to see if he had a claim. We obtained medical expert evidence on what would have happened if the abnormality had been reported in May 2019.
We were advised that the treatment with earlier diagnosis would have only been surgery to remove the appendix but due to the fact the appendix was left and then allowed to rupture, John required more extensive surgery as well as chemotherapy. Complete removal of the appendix in 2019 would have resulted in a complete cure but due to the delay in diagnosis, there is now a very significant risk of the cancer returning.
We pursued a claim for John on that basis and the hospital Trust accepted our evidence and agreed to settle the case. We were able to negotiate a significant financial settlement for our client, which took into account the risk that the cancer might come back. John feels reassured that should he need care and treatment in the future, he will have sufficient funds to pay for this.
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