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  • FIRST POST
    • 2522laura
    • By 2522laura 8th Aug 18, 3:08 PM
    • 683Posts
    • 2,328Thanks
    2522laura
    Medical negligence has lead to terminal cancer diagnosis
    • #1
    • 8th Aug 18, 3:08 PM
    Medical negligence has lead to terminal cancer diagnosis 8th Aug 18 at 3:08 PM
    I am after some advice please. My Husband is a Crohns patient at our local hospital but we moved his crohns care over to St Thomas in London earlier this year as his Crohns Clinic appointments were constantly cancelled even though he was experiencing extreme symptoms. We went to St Thomas via A & E on 26th June with what we had thought was a blockage due to his crohns to find out after an endoscopy and MRI that he has cancer in a stricture in his small bowel(which has been attributed to his crohns not being under control for so many years) and secondary liver cancer in all 8 sections of his liver and devastatingly at 37 has been given a terminal diagnosis with palliative chemotherapy his only option. He has just moved over to our local hospital to continue his cancer treatment now we know it is not a crohns issue.

    Over the last few years he has had several crohns clinic appointments cancelled, scope investigations not done because they said his blood test results showed his crp levels were ok despite him having a lot of pain and we feel this should now be classed as a case of neglect. I have letters to show his appointments have been cancelled and to show that they didn’t feel it necessary to perform an endoscopy despite the fact he was having a lot of pain and bleeding when going to the toilet. He had his last MRI there in November last year and they didn’t spot anything, he has had several endoscopies over the last 5 years, admissions for blockages and even surgery where they were supposed to have removed the stricture which has now turned out to be cancerous as part of the strictureplasty surgery he had. At some point someone should have either noticed there were abnormal cells or done further investigations in to why his symptoms were so bad despite him being on medication for his crohns. I know it wouldn’t have stopped him getting cancer (well, actually if they had removed the stricture they were supposed to have removed it may well have done but I am not a medical professional so not certain) but it would have meant he wouldn’t now be facing a couple of years at best with me and our 6 year old.

    I have already written to Pals to request that they conduct an investigation in to how on earth they missed all this and why his appointments were cancelled when he clearly needed help and they have told me the results of this should be ready around 24th August but we do not feel that this is enough, his crohns consultant actually came to see him on Monday as he had moved over to our local hospital and apologised that this had happened and said that they should have done a scope as well as the MRI back in November so it seems even he feels like the Hospital have failed him.

    I would appreciate any advice please as to whether you think we would have a case against them, what our next steps should be and the cost we would be looking at please (I have checked our house insurance and typically we do not have legal cover)

    Unfortunately for my Husband taking this action will not change the outcome but it may make the hospital monitor people with crohns more carefully as they are at a higher risk of bowel caner and not cancel their appointments continually, ultimately saving lives.


    Thanks,


    Laura
Page 1
    • sheramber
    • By sheramber 8th Aug 18, 3:20 PM
    • 5,317 Posts
    • 3,978 Thanks
    sheramber
    • #2
    • 8th Aug 18, 3:20 PM
    • #2
    • 8th Aug 18, 3:20 PM
    Only a legal expert could tell you if you have a case

    https://www.citizensadvice.org.uk/health/nhs-and-social-care-complaints/complaining-about-the-nhs/taking-your-complaint-against-the-nhs-to-court/clinical-negligence-in-the-nhs-taking-legal-action/
    • Blaise in Surrey
    • By Blaise in Surrey 8th Aug 18, 3:38 PM
    • 14 Posts
    • 3 Thanks
    Blaise in Surrey
    • #3
    • 8th Aug 18, 3:38 PM
    • #3
    • 8th Aug 18, 3:38 PM
    I'm so very sorry that you've had this devastating news.
    • 2522laura
    • By 2522laura 8th Aug 18, 3:48 PM
    • 683 Posts
    • 2,328 Thanks
    2522laura
    • #4
    • 8th Aug 18, 3:48 PM
    • #4
    • 8th Aug 18, 3:48 PM
    I have contacted a solicitor that is registered with AVMA so will wait to hear back from them and also requested a copy of his medical notes via the lady I am dealing with at PALS.

    Does anyone know if they would automatically refer it to NHS Litigation Authority or would we need to wait for the outcome of their investigation and take it further if we weren't happy?

    Thank you @blaise in surrey, its the last thing we thought we'd be facing when he went in to hospital, he lost his Mum to cancer in April this year and I lost my Dad 3 years ago and my Mum was diagnosed in December last year - though thankfully at stage 1 and had sucessful surgery. It just wont leave us alone!
    • Aylesbury Duck
    • By Aylesbury Duck 8th Aug 18, 4:00 PM
    • 2,370 Posts
    • 3,163 Thanks
    Aylesbury Duck
    • #5
    • 8th Aug 18, 4:00 PM
    • #5
    • 8th Aug 18, 4:00 PM
    Very sorry to hear your story.

    I think this is one of those occasions where you need to get some professional advice. It's too serious and complicated a matter to expect advice on a forum.
    • pinkshoes
    • By pinkshoes 8th Aug 18, 4:31 PM
    • 16,018 Posts
    • 22,020 Thanks
    pinkshoes
    • #6
    • 8th Aug 18, 4:31 PM
    • #6
    • 8th Aug 18, 4:31 PM
    What a crappy situation. You need specialist advice.

    Proving medical negligence is a lengthy and difficult process I believe.

    Their defence will be that he had an MRI in November which was all clear, which was 7 months before the cancer diagnosis. It will then come down to their routine procedure for treating the condition.

    If appointments were cancelled and he was in pain, why didn't he insist on the appointment taking place or being rescheduled?

    You definitely need specialist advice, and need to think about the outcome being either positive or negative, how each outcome will make you both feel, and what impact this will have in the time left together.

    Good luck!
    Should've = Should HAVE (not 'of')
    Would've = Would HAVE (not 'of')

    No, I am not perfect, but yes I do judge people on their use of basic English language. If you didn't know the above, then learn it! (If English is your second language, then you are forgiven!)
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