Enable Law acted for Maeve* in a clinical negligence claim about a delay in diagnosing and treating her bladder cancer. The claim involved poor care by both her GP surgery and an NHS hospital over a number of appointments.
It was said that doctors failed to properly assess her symptoms, refer her for specialist tests, and carry out the right investigations. Because of this, her cancer was diagnosed much later than it should have been, which led to worse treatment outcomes and shortened her life expectancy.
Background to the claim
Maeve attended primary and secondary care on multiple occasions with symptoms that, it was later accepted, should have triggered urgent referral on a suspected cancer pathway. The case was complex, involving numerous clinicians across both GP and hospital settings.
Independent medical experts, including GP and bladder specialists, agreed that Maeve should have been referred much earlier for urgent bladder tests. If this had happened, she would most likely have had earlier scans and investigations, leading to an earlier diagnosis. This would have meant treatment could have started while the cancer was still contained in the bladder and potentially curable.
The tests she should have received earlier included a CT scan (a detailed type of X-ray that creates images of the inside of the body) and a cystoscopy (a procedure where a small camera is passed into the bladder to look for abnormalities).
Instead, Maeve was diagnosed at a much later stage with advanced bladder cancer. This meant the cancer had become high-grade (fast growing) and metastatic, meaning it had spread to other parts of the body. The specific type of cancer, urothelial carcinoma, is the most common form of bladder cancer and affects the lining of the bladder.
Her treatment was extensive. It included TURBT surgery (an operation to remove bladder tumours through the urethra, without external cuts). This surgery was complicated by a bladder perforation, meaning a hole formed in the bladder wall. She also required a nephrostomy (a tube placed into the kidney to drain urine) and stents (small tubes used to keep urine flowing). Following this, she underwent chemotherapy (drug treatment to kill cancer cells) and radiotherapy (radiation treatment to destroy cancer cells).
Investigation and legal issues
Extensive pre-action investigations were undertaken. This included a detailed forensic review of GP and hospital records, preparation of a full chronology, witness evidence and expert opinions addressing breach of duty, causation and prognosis.
During the course of the claim, Maeve’s condition deteriorated significantly and she was considered terminally ill. This added urgency and sensitivity to the proceedings. Allegations of negligence were advanced against both the GP practice and the NHS Trust.
Admissions and settlement
Causation was a central issue in this case and was robustly advanced by Joanna, the fee earner with conduct of the claim. She argued that, without the breaches in care, Maeve would have survived for more than five years. This was a key point in the case and was carefully supported by expert evidence.
Following Joanna’s work on the claim and the service of detailed Letters of Claim, both defendants admitted breaches of duty. These included failures to urgently assess and refer Maeve on a suspected cancer pathway. Although causation and life expectancy were initially disputed, the defendants ultimately chose not to pursue a contested causation argument. They formally apologised and made an offer to settle the claim.
Given Maeve’s deteriorating health and the risks and stress associated with ongoing litigation, the claim was resolved by way of a joint Part 36 settlement. The settlement reflected compensation for pain, suffering and loss of amenity, together with consequential financial losses.
Our impact
This claim came to Enable Law via another firm and was significantly undervalued at the outset. Expert evidence was limited and causation was potentially vulnerable to challenge. Through detailed investigation and careful legal argument led by Joanna, causation was successfully established and acknowledged by the defendants.
By resolving the case promptly, Joanna was able to minimise further stress for Maeve and her family. At the time of settlement, Maeve was receiving palliative care. Securing compensation was deeply important to her, not only as recognition of what she had been through, but to allow her to leave something for her children and grandchildren, who were living in local authority accommodation.
The settlement enabled Maeve to provide financial security for her family and to fulfil a final wish of treating them to a family trip, creating lasting memories at an incredibly difficult time.
How we can help
At Enable Law, we have extensive experience acting in complex delayed diagnosis and cancer negligence claims. We understand the profound impact that delays in diagnosis can have, both medically and emotionally, and we are committed to pursuing cases with sensitivity, clarity and determination.
If you are concerned about delays in diagnosis or treatment, or would like advice about a potential clinical negligence claim, our specialist team is here to help. To speak confidentially with Joanna Rzepecka or another member of our specialist medical negligence team, call us on 0800 044 8488 or fill in our contact form so a member of our team can call you back at a time convenient for you.
*Name has been changed
