Our Samantha Sims acted for the Claimant, Mr GH, on behalf of his late wife, Mrs JH, made a claim on behalf of his late wife, and on behalf of himself as dependent.

Mrs JH died on 23 February 2020 through the admitted negligent delay by the Defendant Trust in treating her appendiceal cancer. The Defendant admitted liability and that an x-ray in March 2017 fell below a reasonable standard as it failed to identify Mrs JH’s dilated appendix and the changes which had taken place since the previous scan. It was admitted that on balance, the tumour would have been identified. Mrs JH would have undergone surgery and tragically, she would not have died when she did. A laparoscopic appendicectomy would have led to a complete cure and normal life expectancy.

Mrs JH’s appendiceal cancer sadly went undiagnosed until surgery in July 2018 which revealed two appendix tumours. Chemotherapy started in March 2019, but abruptly stopped after she suffered a cardiac arrest after the first infusion. She was too unwell to continue. In November 2019, she was admitted to hospital with a bowel blockage. She was in hospital for 12 weeks and received palliative care. She died in February 2020.

It was alleged that but for the Defendant’s negligence, she would have avoided the symptomatology associated with her cancerous appendix from after the time she would have recovered from what should have been curative treatment, avoided prolonged and intrusive attempts at treatment including i) laparotomy ii) hemicolectomy iii) chemotherapy iv) cardiac arrest iv) bowel blockage v) prolonged stay in hospital with palliative care vi) bowel obstruction vii) stoma from November 2019 until death viii) premature death and avoided the psychological turmoil caused by the late diagnosis and awareness of impending death.

The Claimant claimed for: pain and suffering on behalf of his wife for premature death and avoidable surgery and medical procedures, care and assistance he and his family provided to his dying wife, travel costs associated with the same, services his wife would otherwise have provided to him and his grandchildren, loss of dependence on his wife’s pension and the costs of probate.

The case settled when the Defendant accepted the Claimant’s offer of £186,300 after negotiations took place.