Compensation for widow after avoidable failures in her husband’s cancer care

We recently secured compensation for the family of a man who sadly lost his life following avoidable failures in his follow-up care after treatment for renal cancer.

Mr D underwent extensive treatment on receiving his diagnosis, including radiotherapy, a partial hepatectomy, cholecystectomy, anterior resection with colostomy formation, and a left nephrectomy. Following successful treatment, it was agreed that he would undergo ongoing surveillance and follow-up.

Mr D subsequently attended appointments with both the urology and colorectal teams. However, due to a communication breakdown between the departments, he was mistakenly discharged from follow-up care. As a result, he was effectively lost to the follow-up process and did not receive the ongoing surveillance which had been recommended.

Some 12 months later, Mr D contacted the colorectal clinic regarding continued symptoms. Advice was provided, but it was not recognised that he had been lost to follow-up. Consequently, a further opportunity to reinstate the surveillance programme was missed.

Four years after this contact, Mr D developed worsening musculoskeletal pain and experienced a significant decline in his mobility. Investigations carried out during a hospital admission revealed widespread metastatic disease affecting his lungs and bones. Subsequent imaging confirmed the extent of the metastatic spread.

By the time the diagnosis was made, Mr D’s condition had deteriorated significantly, and palliative treatment was the only option available. He sadly passed away, leaving behind his beloved wife.

The trust carried out an internal investigation, which confirmed that the agreed treatment plan had not been adhered to. The investigation identified failures to arrange the recommended follow-up appointments on two occasions.

Mr D’s wife instructed our medical negligence team to investigate a potential claim, and the case was funded by a no win, no fee agreement. In light of the internal investigation’s findings, we invited the trust to make an early admission of liability. When no admission was forthcoming, expert evidence was obtained from both a urologist and an oncologist.

A letter of claim was subsequently served, and the claim was valued whilst the trust’s response was awaited. No letter of response was received, but following a short period of negotiations, we secured compensation for our client, Mr D’s wife in recognition of the trust’s failures and the impact these had on her husband.

Emily Hartland, who acted for Mr D’s wife, commented: “Every case like this has a deeply personal story behind it, and no amount of compensation can ever make up for the loss of a loved one. However, securing damages for our client has helped to alleviate some of the financial pressures she faced following his death, including covering funeral expenses and helping to replace his lost income.”