The Moore Barlow Medical Negligence team were initially consulted by H, a haemochromatosis sufferer who had only months earlier been diagnosed with liver cancer that was too far advanced to be treated and we were asked to investigate if this had resulted from a failure by his doctors to look after him properly. Sadly, H passed away from the cancer not long after approaching us and the claim was taken up by his widow.
Background to the case
H had been diagnosed with haemochromatosis as far back as 2002 whilst working in the armed services. Haemochromatosis is an inherited condition where the body absorbs too much iron from the diet causing iron stores in the body to slowly build up over many years to levels that can cause serious harm, typically to the heart, liver and pancreas. Whilst there is no cure for the disease, early diagnosis and proper management can avoid or slow down any organ damage.
In April 2002, H underwent an ultrasound which confirmed the presence of gross ascites (a large volume of fluid collection in the abdomen). This is most commonly caused by liver disease, particularly cirrhosis where the liver is scarred due to long-term damage, such as from iron overload. Although a liver biopsy was never carried out to confirm this, it was assumed that he had probably developed cirrhosis of the liver by 2002.
Following his diagnosis, H remained under the care of the Gastroenterology service for monitoring and treatment of liver complications caused by haemochromatosis. According to national guidelines, he should have been under regular surveillance for liver cancer. This would have involved an abdominal ultrasound and blood tests to be undertaken every 6 months. Unfortunately, this did not happen with such frequency and there was a long gap of three years when no scanning took place at all.
In October 2018, H consulted his GP complaining of itchy skin and was referred to the gastroenterology team at the Trust. Further investigations revealed that H had hepatocellular carcinoma, a type of liver cancer. Sadly, the cancer was too far advanced to treat by surgery or chemotherapy and he was placed on palliative care. He passed away shortly after this.
The crux of the case
Our client’s case was founded on the basis that had H’s haemochromatosis been properly managed by six monthly surveillance, his cancer would have been detected at an earlier stage when it was amenable to treatment. Had treatment been offered to him, he would probably have survived and gone on to live for many more years.
It was accepted by the Defendant Trust that there had been a failure to monitor H in accordance with the national guidelines and therefore they had not provided the standard of medical care they should have done. However, even if H had been scanned every 6 months, his cancer would not have been picked up early enough to offer him curative treatment and so he would have died when he did or, at best, within a few months of that.
Had the Defendant successfully argued their position, it would have meant that our client received no, or minimal, compensation.
How Moore Barlow helped
Proceedings were issued, witness statements were exchanged, and a number of experts were instructed including a gastroenterologist, oncologist and expert in organ transplant to support our client’s claim. The Defendant consistently asked for more time to serve their expert reports and the Claimant was able to secure an order from the court that resulted in their being unable to rely on all their expert evidence.
Meetings eventually took place between both parties’ experts and there was much discussion about how far advanced the cancer would have been even if it had been detected earlier, whether there would have been only one lesion present or multiple and what H’s treatment options would have been. The case was listed for trial but our solicitors were able to settle the case for a six-figure sum avoiding the need for a trial.
Dr Mala Sidebottom, Renu Aggarwal-Clare and Natalie Hirst handled this case at Moore Barlow and Nigel Spencer Ley, from Farrar’s Building was instructed.
The case demonstrates just how easy it is for patients to slip through the net and it is our hope that the Hospital Trust will put in place more vigorous procedures to ensure that patients with liver disease are not lost in the system. Our client was so heroic to take up the mantle for her husband even while grieving her loss. Whilst no sum of money can compensate our client for her loss, it is so pleasing to know that she will be able to face the future, and her retirement, with some level of financial security.
My children and I would like to thank everyone at Moore Barlow for all the work you have done to bring us such a successful conclusion. We appreciate all the hard work. Thank you so much again.
Client
We are all thrilled that this has now settled and more than happy with the result.
Renu Aggarwal-Clare, Associate Solicitor at Moore Barlow
