We have won substantial compensation for Jane, a 71 year
old from Chingford in London, now living in Brighton, who developed
myeloma, a form of cancer affecting the bone marrow, after she
repeatedly sought health specialists' help but was not given
appropriate treatment.
Jane will receive £400,000 as compensation following her
medical negligence claim, after it was
agreed that her GP should have referred her to hospital more
quickly and the hospital should have taken swifter measures to
treat her.
The compensation will cover all of the costs that Jane has
incurred to date, together with the recommendations for future
care.
Jane had experienced serious upper back pain since 2002 and had
contacted her GP to investigate the problem. He conducted an
Erythrocyte Sedimentation Rate (ESR) test and, despite abnormal
readings, failed to recommend any investigations into the cause of
the readings.
Jane's situation worsened prior to a further ESR test being
conducted in August 2003, revealing deteriorating results.
Despite this, the GP failed to refer her for further
assessments, instead assessing her ongoing symptoms as
osteoarthritis, which would not cause an abnormal ESR reading.
Progressively, Jane lost useful function of her left arm and
experienced paraesthesia in her lower limbs before her GP referred
her for a non-urgent MRI scan.
In the meantime, Jane's symptoms continued to deteriorate,
leading her to refer herself to Whipps Cross Hospital in
Leytonstone where she was seen by a junior doctor who failed to ask
for a senior review or request an MRI scan.
Prior to review by senior staff, Jane suffered a pathological
fracture to her left arm and reduced sensation in both her
legs.
Following senior review four days after admission, Jane was
transferred to St Bartholomews Hospital in London where she was
finally diagnosed as suffering from myeloma at which point she
started to undergo radiotherapy and chemotherapy treatment.
The defendants, Jane's GP and Whipps Cross Hospital initially
denied liability, however when expert evidence on breach of duty
and causation was due to be exchanged, both defendants admitted
liability and judgement was entered for the claimant against both
defendants.
Following exchange of further evidence on condition and
prognosis from experts in the fields of oncology, neurosurgery,
care, physiotherapy and occupational therapy, the personal injury
claim settled for the sum of £400,000, ten days before the trial
was due to begin.
After the case, Jane’s daughter said:
"Mark was sensitive to our need to keep an emotional distance
from the claim handling. I felt we could be hands off because I was
completely confident that instructions were being followed and we
were not at risk in costs."
Mark Bowman, medical negligence lawyer at Field Fisher
Waterhouse said:
“This was a particularly tricky case, involving
experts from a number of disciplines and more than one Defendant. I
am very happy with the outcome. I am glad that Jane, a stoic and
strong-minded woman, will now receive the compensation that she
deserves and will be able to rest assured that her needs will be
met for the rest of her life.”
For further information or if you have
a delayed diagnosis
claim please call Mark
Bowman on 020 7861 4043 or email mark.bowman@ffw.com
You can discuss your delayed 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.