Delayed Diagnosis of Ovarian Cancer

The Injury

Mrs B was diagnosed with widespread cancer in January 2021 and sadly died in February 2021, aged 54.  

Following Mrs B’s death, the Trust carried out an investigation. It identified that, when she had been seen in September 2019 following an abnormal smear, no further investigations were carried out after a colposcopy (an examination to look closely at the cervix) and hysteroscopies (a procedure to look inside the uterus) were reported as “normal” and that this was a failure of care.

The investigation also recorded that the consultant gynaecologist did not have Mrs B’s GP notes and therefore believed that the abnormality was cervical glandular intraepithelial neoplasia (CGIN). The abnormality was in fact non-cervical glandular neoplasia (NCGN), and the treatment of the two conditions is different.  

The investigation concluded that Mrs B should have been diagnosed with stage 1 ovarian cancer in late 2019 and early 2020.  Had the diagnosis been made whilst it was stage 1, she would have been offered surgery to remove both ovaries, fallopian tubes, uterus, omentum and appendix, followed by adjuvant chemotherapy.  This course of treatment, statistically, cures the patient of stage 1 disease, with a subsequent statistical 5-year survival rate of 85%.  

A claim was pursued by Mrs B's husband following her death.

Represented by Hannah Carr, a Specialist Medical Negligence Solicitor at MDS, the case settled following a full liability admission after negotiations with the Defendant.
Hannah said - “No legal claim can change what happened, however it was important that the failure identified were properly scrutinised.  When opportunities to diagnose and treat a life-threatening condition are missed, families should not be left without explanation or a meaningful response.”

Are you concerned about a delay in diagnosis of cancer?  

Contact MDS today for specialist advice.

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What Happened to Our Client

Mrs B had no health problems before 2019 and was working full-time.  In June 2019, she underwent a routine cervical smear. The result was reported as abnormal, and she was referred under the two-week wait pathway to have a colposcopy and biopsy.  In September 2019, she was told that all was well and that no further action was required.  

Later in 2019, Mrs B was asked to return to hospital because her records had been reviewed at a multidisciplinary team meeting and it was considered inappropriate to have discharged her without further investigation. She was referred for a diagnostic hysteroscopy and biopsy in December 2019, but because the biopsy taken was “inadequate”, she had a further hysteroscopy in February 2020. She was told that there was no abnormality.  

In May 2020, Mrs B reported that her periods had stopped and that she was experiencing hot flushes. She understood these to be menopausal symptoms. She was advised that she should have a further smear within 3 months, but no further appointment was received.  

After Christmas 2020, Mrs B developed abdominal discomfort, bloating and swelling.  Her symptoms worsened and she developed swelling and pain in both legs and began vomiting. She attended hospital, and following investigations, was told on 11.01.2021 that she had widespread cancer, which was thought to be ovarian in origin. Approximately 4 litres of fluid had to be drained from her abdomen.  

Mrs B was referred to an oncologist who recommended chemotherapy, with possible surgery to remove as much of the cancer as possible.  She subsequently developed kidney problems and very high potassium levels, requiring specialist treatment and dialysis.  

Sadly, Mrs B died on 03.02.2021.

Concerned about a delay in diagnosis of cancer?

How can MDS help you?

‍While no amount of compensation will ever be enough for your or a family member’s suffering or loss, if you or a loved one has been affected by medical negligence, we can help you through the legal process for investigating your concerns against a healthcare professional and your negligence claim if there is one.

The Outcome of the Case

We were instructed to investigate a claim for medical negligence by Mrs B's husband.

We obtained evidence from a Consultant Gynaecologist and Gynaecological Oncologist which confirmed failures in Mrs B's care resulting in a delayed diagnosis and treatment of ovarian cancer and this had a considerable impact on her life expectancy.  

It was accepted by the Trust that had Mrs B been correctly diagnosed, the statistical 5-year survival rate was 85%.

Following negotiations, the claim was settled with a six figure sum.

If you or a family member has been diagnosed with ovarian cancer, you can get support from the following charities:

Disclaimer

Whilst our case studies are designed to give an indication of the outcomes that can be achieved in these circumstances, the compensation awarded in individual cases can vary significantly due to a range of factors, including the severity of injury, effects on life expectancy and financial impact, for example. For more information, contact us today.

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