Failure to diagnose stomach cancer

20 February 2019

Claire McDaid recently negotiated a six figure settlement for Mr D whose stomach cancer was not diagnosed for 4 years.

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Mr D sustained serious injuries in a road traffic accident in 2012 and was treated in two Northern Irish hospitals.  On admission, a full body CT scan showed a significant growth in the stomach, however this was not flagged or treated at the time.  Mr D returned to his GP in mid-2016 complaining of gastro-intestinal symptoms and following a referral to his local hospital, a diagnosis of an aggressive form of stomach cancer was made.

Mr D underwent surgery to remove the tumour and commenced a 3 year course of chemotherapy medication.  He was advised that the cancer was present on the earlier CT scan carried out in 2012 and that due to the delay in diagnosis, the risk of the tumour returning was over 70%, a significant increase compared to the lower rate of recurrence had the tumour been picked up and treated in 2012.

We were instructed in late 2016 and secured expert evidence from a Consultant in Emergency Medicine as well as causation evidence from a Professor in Surgical Oncology who agreed that the delay in diagnosis had served to significantly increase the risk of Mr D’s cancer returning.   

High Court proceedings were issued and the Trust representatives admitted liability in 2018.  A joint consultation took place in June 2018 and damages were agreed to reflect the impact the delay had on Mr D as well as the psychiatric impact the heightened risk of recurrence had on him.

Worthingtons Solicitors have a team of Solicitors with extensive experience in handling medical negligence cases involving all aspects of medical care. If you believe that a hospital or doctor may have been negligent in providing, or failing to provide, appropriate advice or medical treatment to you and which has resulted in injury, we will gladly provide advice on all aspects of medical negligence claims in Northern Ireland.

Contact the Clinical neg partners Nikki McConnell, Ciaran McConnell or Claire McDaid for advice and guidance. All initial calls are free and entirely confidential.

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