Medical Solicitors helped a widow claim £540,000 in compensation after her 58-year-old husband succumbed to oesophageal cancer, having been negligently discharged from medical surveillance.
The deceased had received regular endoscopic surveillance for almost eight years after being diagnosed with Barrett’s mucosa with focal high-grade dysplasia in 2005. However, due to a junior doctor’s misinterpreted findings and lack of knowledge of his medical history, his condition was mistaken for a hiatus hernia and he was wrongly discharged in 2013. After the man’s death, and with our help, his widow pursued a medical negligence claim and managed to win oesophageal cancer misdiagnosis compensation.
What Is Barrett’s Oesophagus?
Barrett’s oesophagus is a rare precancerous condition in which the normal cells in the lining of the oesophagus change to resemble those of the intestine. Common symptoms include long-term indigestion and heartburn, but many people are unaware that they have the condition until they undergo medical tests for another reason.
Patients with Barrett’s oesophagus are at an increased risk of developing oesophageal cancer and should undergo regular surveillance via an endoscope to pick up cell changes (dysplasia). Where the condition is treatable, this may involve reducing the volume of stomach acid or removing damaged cells from the oesophageal lining.
Terminal Oesophageal Cancer Diagnosis Once Removed from Surveillance
After the deceased’s dysplasia was diagnosed in 2005, he was given six-monthly reviews. In 2007, biopsies showed that the cells in his oesophagus had changed to resemble those in the intestine, and his reviews were rescheduled for every other year. In 2008, a 7cm Barrett’s oesophagus was detected, but no sinister features had been found by 2011.
At his next review in 2013, a junior doctor reported a 7cm hiatus hernia, where the stomach extends from the abdomen to the chest, and discharged him without future follow-ups.
However, three and a half years later, the patient went to his GP with trouble swallowing. A large, ulcerated lesion was found in his oesophagus as well as another lesion at the top of his stomach. Biopsies and a PET scan confirmed this was a gastro-oesophageal adenocarcinoma and that it had metastasised around his body.
Investigations revealed that the junior doctor who reviewed the deceased in 2013 was unaware of his history of high-grade dysplasia. They also misinterpreted the findings; what they thought was a 7cm hiatus hernia was likely a 3cm Barrett’s mucosa and 4cm hernia. As a result, no biopsy was taken and no plan was made for ongoing surveillance.
By the time cancer was diagnosed in 2017, it had already spread to the deceased’s bones, liver and lungs. With palliative chemotherapy the only treatment option available, he was given a year to live but managed to live a further four years before he passed away in Woking Hospice in September 2020.
Before his death, he suffered deteriorating health and was admitted to hospital numerous times for various invasive procedures. Amongst other gastrointestinal-related conditions, he was treated for slowly enlarging tumours on his liver, persistent bile duct obstruction, biliary sepsis, a collapsed lung, fluid on both lungs, and mineral deficiencies.
Posthumous Claim for Oesophageal Cancer Misdiagnosis
After the man’s death, his widow contacted Medical Solicitors for expert guidance in bringing a medical negligence cancer claim. Throughout the case, Chartered Legal Executive Matthew Brown worked with experts in upper gastrointestinal surgery and oncology to recover compensation to benefit the grieving family.
The Defendant, Royal Surrey County Hospital NHS Foundation Trust, admitted breach of duty occurred when the deceased was discharged in 2013 with an oesophageal cancer misdiagnosis. If not for this mistake, he would have returned for surveillance two years later and his cancer would have been diagnosed at an earlier stage. On the balance of probabilities, the cancer would have been treatable.
The final settlement of £540,000 was reached out of court in July 2021, which included:
- General damages (£75,000)
- Bereavement award (£15,120)
- Loss of earnings (£120,000)
- Care and assistance (£80,000)
- Past and future loss of financial and services dependency (£417,000)
- Further miscellaneous losses and expenses
Could You Claim Oesophageal Cancer Misdiagnosis Compensation?
If you or a loved one has suffered harm due to an oesophageal cancer misdiagnosis, a delayed diagnosis or other medical negligence, Medical Solicitors can help you bring a claim. Under a Conditional Fee Agreement, where you have nothing to lose, our passionate team of legal specialists will fight for appropriate compensation. Please contact us as soon as possible after learning that negligence may have occurred.
