Brian and Susan were enjoying their retirement together when tests showed that Brian had a hernia, and that he needed surgery. Following surgery, he had a CT scan and was discharged with no follow up.

10 months later, Brian returned to hospital with pneumonia. He told the doctor that he had suffered with constipation, weight loss and reduced appetite for around 3 weeks. He was discharged and told to speak to his GP if the problems continued.

Brian began struggling with stomach pains and was finding it difficult to breathe. He saw his GP twice and was referred to St James’ University Hospital, where he had a CT scan.

Devastating news

Brian and his family were invited to see his Consultant. They were given the devastating news, Brian had colon cancer which had spread to his liver.

To make matters worse, Brian’s family were informed that the cancer was visible on the original CT scan which was taken 12 months earlier. The failure to diagnose cancer 12 months earlier, meant that his treatment had been delayed. Brian’s condition was now incurable and his family were heartbroken.

Hospital Investigation

The hospital carried out a Serious Untoward Investigation which acknowledged the error and stated that curative treatment options may have been possible, had the cancer been discovered following the first CT scan.  Brian’s family struggled to accept that outcome could have been very different.

Deterioration in health

Brian went on to have a stent in his bowel and chemotherapy. Despite having treatment, the cancer progressed and Brian needed to have a colostomy.

By the end of the year, he began to develop new symptoms including abdominal and back pain. A further scan showed that the cancer had spread to his bones.  Brian’s condition continued to deteriorate and over the course of the year, he lost the use of his legs. His family cared for Brian as his health deteriorated.

Sadly, Brian died at home in the company of his wife, 18 months after his diagnosis.

Clinical Negligence Claim

Shortly after Brian’s death, Ison Harrison were instructed by Susan to investigate a Clinical Negligence claim. Expert evidence from an Oncologist was obtained and a claim was put forward to the hospital.

The hospital admitted there were failings in the care provided to Brian and that if they had diagnosed cancer following the earlier scan, Brian would had surgery and chemotherapy, which would have cured him.  They admitted Brian would have survived.

Following negotiations, Ami Law of Ison Harrison agreed a settlement with the Defendant, in the sum of £135,000.

Brian was a well-loved, hardworking, family man and he left behind a wife, 4 children and 5 grandchildren who miss him greatly. The settlement awarded will not make up for the family’s loss, it will however provide some security for their future.

If you have concerns about the medical care that you or a loved one have received and want to have a chat to see if we can help you, please contact a member of the Clinical Negligence Team on 0113 284 5000 or alternatively email

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