Settlement for patient’s lost Cancer records

When a consultant failed to follow up on test results for a patient diagnosed with cancer it was a total failure in care and led to a compensation claim on behalf of her estate.

“Incredibly in this case the results of test which showed metastatic carcinoma were recorded electronically, however the consultant relied on paper copies, and these were then lost,” said the Medical Negligence solicitor at Pearson Solicitors

“Consequently, the consultant was not aware of her condition and her treatment was not adapted accordingly and Tameside and Glossop Integrated Care NHS Foundation Trust accepted this as a total breach of duty and a failure in care.  The outcome for the deceased would not have changed sadly, however her palliative care could have been better managed,” she added.

Cancer negligence case

In this case the deceased was a widow with no children, but she was especially close to her niece.

“When a client has sadly passed away we do take on claims on behalf of their estate which are often led by a family member, in this case our client’s niece brought a claim on behalf of her aunts’ estate,” said the solicitor.

She had been treated for breast cancer almost 10 years ago and after a mastectomy and treatment made a full recovery, moving forward she was to be reviewed annually and have mammograms.

She had a fall at home in March and was admitted to Tameside General Hospital, doctors noted concerns about her bowel. However following another fall which resulted in her breaking her left arm and hip a consultant orthopaedic surgeon operated and bone tissue were sent to histology for analysis.

It was found that the aunt’s cancer had spread to her bones and a metastatic carcinoma was recorded electronically in her records.  However, the orthopaedic surgeon who ordered the test only dealt in paper records and they were misplaced.  No mention of the cancer was noted by the consultant in his discharge notes.

The day before she was due to leave hospital she fell again and fractured her right hip requiring further surgery.  A different consultant reviewed the electronic notes and presence of cancer and she was referred to oncology.  It was July before the patient and her family were told of the cancer diagnosis, the cancer had spread to her bones and she needed palliative care.  She sadly 3 weeks later at Willow Wood Hospice.

Metastatic Carcinoma

Metastatic Carcinoma is a name given to a cancer that has spread from its original location (the primary tumour) to other parts of the body, in this case from breast to bone. This spread is called metastasis, and it's a key factor in advanced cancer stages, often denoted as Stage IV.

The metastatic tumour is still the same type of cancer as the original tumour, even though it's located in a different part of the body. For example, breast cancer that spreads to the lungs is considered metastatic breast cancer, not lung cancer.

Metastatic cancer is often considered advanced, meaning it's difficult or impossible to cure with standard treatments.

“The trust accepted their failings and that the initial clinician should have followed up on the test results,” said the solicitor.  “Had he done so the family would have been made aware much sooner and the aunt’s treatment could have been managed and perhaps she may have avoided the second broken hip.”

A settlement of £4,000 was made taking into account the pain and suffering and loss of amenity over a 5 month period.

How can we help?

If you have received poor medical care, or simply want to discuss a potential medical negligence issue or a cancer misdiagnosis call us in confidence on 0161 785 3500 or enquiries@pearsonlegal.co.uk

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Please note that the information and opinions contained in this article are not intended to be comprehensive, nor to provide legal advice. No responsibility for its accuracy or correctness is assumed by Pearson Solicitors and Financial Advisers Ltd or any of its members or employees. Professional legal advice should be obtained before taking, or refraining from taking, any action as a result of this article.