Richard Earle settled a
cancer diagnosis claim for Boris' family
following a delay in diagnosing colonic cancer which ultimately
caused his death as by the time it was diagnosed the cancer had
spread.
Boris died in February 2003 at the age of 47. He had previously
suffered from colitis, which gave rise to an increased risk of
bowel cancer.
Although his condition was monitored by the hospital, it failed
to take adequate biopsies in December 1998. As a result, the
hospital missed the development of colonic cancer.
The cancer should have been diagnosed in early 1999 but was not
diagnosed until January 2001.
Sadly at this point the cancer had spread and
was incurable. We alleged that with a timely diagnosis and
appropriate treatment, Boris’ condition was treatable and that he
probably would have survived.
The effect of the negligence was not only to result in Boris’
death but also the illness forced him to give up work. His quality
of life diminished and this impacted on his wife and two sons who
had depended on him emotionally and financially.
Richard Earle acted for Boris'
wife and sons, then aged 15 and 20 in a cancer diagnosis claim against the hospital.
Richard obtained expert evidence from doctors specialising in
gastroenterology, colorectal surgery, oncology and
histopathology.
All of our experts supported the claim and highlighted the
defendant’s failures.
Surprisingly, the hospital defended the claim on the grounds
that the deceased was properly treated and that he had an
aggressive form of cancer which was incurable in any event.
The case was listed for trial in June 2007 but was settled
shortly before then for £215,000 together with costs.
For further information or if you have a cancer diagnosis claim please contact
Richard Earle on
020 7861 4041 or email richard.earle@ffw.com
You can discuss your cancer diagnosis
claim with any member of our medical
negligence team on
freephone 0800 358 3848, email personalinjury@ffw.com or
complete our short enquiry form.