NHS Trust settles claim for "substandard" care in cancer misdiagnosis case
Deborah Nadel has settled a medical negligence claim against Barking Havering and Redbridge Hospitals NHS trust on behalf of her client who was mistakenly told she had cancer after being 'lost in the system'.
Martha* was told she had bladder cancer that had spread to her womb and was advised that she would most likely need a hysterectomy, and her bladder removed to treat her condition. She was also advised she would likely need chemotherapy and/or radiotherapy.
After weeks of grief and worry, she underwent further invasive investigations that revealed she was cancer free. As a result, Martha suffered PTSD and developed a severe health anxiety. She, her family and partner have all suffered significant psychological stress. Martha was self-employed and unable to work, so suffered financial loss, and she requires ongoing treatment to come to terms with what happened to her.
She first attended a Spire hospital in April 2020 as an NHS patient under the care of Barking, Havering and Redbridge University Hospitals NHS Trust. She was perimenopausal and the gynaecologist advised that she undergo a hysteroscopy but this was delayed due to the disruption of covid19.
After months of waiting, Martha contacted the hospital in September 2020 but was told her appointment would be rescheduled in due course. In January 2021 the hospital got in touch and admitted she had been lost in the system and a hysteroscopy was finally scheduled for March 9, 2021.
During the procedure, material was sent for histopathology review, which reported a diagnosis of grade 3 urothelial carcinoma, indicating cancerous cells in her womb. Martha received the devastating news on March 25, 2021 and was told she would need urgent treatment, including the possibility of a hysterectomy and bladder removal. The hospital acknowledged the delay in diagnosis and escalated the case to the Care Quality Commission (CQC).
Further tests and scans were arranged, with Martha also consulting with specialists at the Spire Hospital in Norfolk and at Norfolk and Norwich Hospital. On April 12, 2021, she underwent additional biopsies under general anaesthetic. Ten days later her GP informed her that the biopsies showed no signs of cancer. This was later confirmed by a consultant, revealing a serious error in the initial diagnosis.
Although Martha feels incredibly lucky that she did not have cancer, she is deeply traumatised by the experience, particularly the distress she felt telling her daughter and parents about the diagnosis.
During this period Martha's relationship with her partner became extremely strained by the 'loss, grief, relief, confusion and worry', and sadly they parted. Martha has always lived a very healthy and holistic life but is now plagued by health anxieties and no longer trusts her own body.
Both Spire Hospital and Barking, Havering and Redbridge University Hospitals NHS Trust investigated how this mistake could have happened and the incident report of the NHS Trust suggested that cross-contamination of the sample had occurred in the pathology laboratory. The incorrect diagnosis should also have been picked up by the consultant as the report suggested there was a diathermy artefact when no diathermy had been used during the procedure.
Deborah wrote a Letter of Claim to the Trust, following which they admitted liability and accepted that the breach of duty had had a 'significant impact' on Martha's mental and physical health.
The Trust apologised to Martha for the 'substandard care' she received and reached a settlement without the need for issuing court proceedings.
Following settlement, Martha said: 'I am hugely grateful for the help that Deborah and her team provided. The service was professional, understanding, informative, and caring throughout.
A huge thank you again Deborah for all your help.'
*name changed
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