Solicitor, Medical Negligence
Our client who was a gentleman in his 70s, visited his GP complaining of a number of symptoms, after which he was referred to the hospital. He lived a healthy and active lifestyle, which included playing sport competitively. His referral was urgent, under the 2-week wait rule. The two-week wait rule was introduced so that anyone with symptoms indicative of possible cancer, should be seen by a specialist for further investigation within 2 weeks of the date of referral.
Our client underwent an ultrasound scan, which identified possibility of the presence of a bladder tumour. But unfortunately, there was no further action taken following the scan. We call this a ‘missed opportunity’ for making a diagnosis.
There were further missed opportunities to review and/or act on the ultrasound results in the following months when our client was admitted to hospital for related health issues. Our client even underwent an operation (for which he had a pre-operative assessment, determining he was suitable for the operation) with no mention of any abnormalities.
Our client was subsequently diagnosed with bladder cancer and received treatment, but as a result of the delay he was left with permanent life-changing injuries. He had to employ a carer to look after his wife who continues to suffer symptoms following a stroke, and a cleaner to carry out day-to-day cleaning activities in their home.
If the ultrasound scan had been correctly interpreted and/or a repeat scan been ordered and/or referral for further consideration been made which would have resulted in an earlier diagnosis of the tumour and bladder cancer, our client would have been listed for urgent treatment by the end of the following month at the very latest. Sadly due to the delay, his cancer was not diagnosed for 17 months.
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According to a 2019 study by the British Medical Journal, the average appointment time in the UK is 9.2 minutes, with 2.5 problems being discussed on average. This study suggests that only a small number of GPs feel that this is a sufficient length of time to enable them to undertake appointments and provide a good service – and in that time, GPs will deal with a variety of conditions on a daily basis.
Our client’s late wife first began experiencing vaginal bleeding in 2012 and told her GP about her symptoms. She agreed she would have surgery. However, the procedure was cancelled on the day it was due to happen, whilst it was agreed to be rescheduled, this never happened.
Erb’s Palsy is an injury to the brachial plexus - a network of nerves that send signals from the spinal cord to the shoulder, arm and hand. It’s essentially when the nerves in the brachial plexus are torn or damaged, and can occur during childbirth.
Cancer Research UK. (n.d.). Cancer Waiting Times. Retrieved from https://www.cancerresearchuk.org/about-cancer/worried-about-cancer/cancer-waiting-times
NHS. (n.d.). Ultrasound Scan. Retrieved from https://www.nhs.uk/conditions/ultrasound-scan/
NHS. (n.d.). Bladder Cancer. Retrieved from https://www.nhs.uk/conditions/bladder-cancer/
Simpson Millar. (n.d.). Late Cancer Diagnosis. Retrieved from https://www.simpsonmillar.co.uk/medical-negligence-solicitors/late-cancer-diagnosis/
NHS Resolution. (n.d.). Claims Management. Retrieved from https://resolution.nhs.uk/services/claims-management/
Macmillan Cancer Support. (n.d.). Cancer Statistics Fact Sheet. Retrieved from https://www.macmillan.org.uk/about-us/what-we-do/research/cancer-statistics-fact-sheet
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