Damages recovered for client on behalf of the Estate of her deceased husband v Liverpool University Hospitals NHS Foundation Trust

Gregory Abrams Davidson Solicitors recover damages for injuries arising as a result of a failure to action the results of a colonoscopy that indicated that the deceased required polyp excision, which would have been curative. The deceased was diagnosed with colorectal cancer with metastases 3 years later and died shortly after as a result of the malignancies. 

Facts of Case

The deceased was under the Iron Deficiency Anaemia (IDA) Service for close observation. The deceased was subsequently referred for a CT scan to investigate his iron deficiency anaemia. The CT scan reported as showing abnormalities of the colon at the junction between the large and small intestines. In light of this conclusion, the deceased was referred for a colonoscopy.

The colonoscopy findings were reported as possibly abnormal and representative histology samples were taken. The histology report, confirmed non-cancerous abnormalities requiring close observation, however, this was electronically filed and no further action was taken. The Defendant Trust admitted liability for this breach of duty.

The deceased continued under haematology review for the next few years and whilst iron deficiency anaemia was noted, it was felt that this had been investigated suitably by gastroenterology services and as a result no further colonoscopies or CT scans were requested. 

Three years later, concerns raised in the haematology service led to the deceased being referred back to the gastroenterology Iron Deficiency Anaemia Service, where he was assessed as being too frail to book directly for a colonoscopy, and was again booked for a CT scan to investigate the recurrent iron deficiency anaemia, weight loss and ongoing gastrointestinal symptoms.

The CT scan demonstrated cancer at the join between the large and small intestines. The deceased was admitted for surgery but was deemed unsuitable for chemotherapy/radiotherapy. The deceased sadly passed away 6 months following surgery. The death certificate stated metastatic colorectal cancer as the cause of death.

As liability for breach of duty had been admitted by the Defendant, we obtained independent expert evidence on causation from a Consultant Oncologist and Consultant Radiologist. Due to the Defendant disputing the cause of death, we conducted a mutual exchange of expert medical evidence and following negotiation between the Parties a settlement was reached without the need to commence Court Proceedings.

Gregory Abrams Davidson Solicitors specialise in obtaining compensation for clients who have sustained injuries as a result of Medical Negligence. We deal with claims for compensation against hospitals (both NHS and Private), dentists, general practitioners, pharmacists and opticians. We have offices in Liverpool City Centre, Allerton and Golders Green, London.We offer a free initial case assessment and No Win No  Fee Funding is available To enquire contact a member of our Medical Negligence new enquiries team on 0151 733 3353, email [email protected] or complete our online enquiry form.