This is another sad case where an avoidable error started a chain of events that led to a tragic conclusion.
Simon was 56 years of age when he had his gall bladder removed. As is usual, this was then sent to the Pathology labs to check if there was any evidence of cancer. He returned to see the Consultant a few weeks later and was told that the operation had been a success; he had been given the ‘all clear’ and so could return to work. Unfortunately, as later transpired the Consultant had read the pathology report wrongly – he should have told Simon that there was evidence of cancer in the removed organ and immediately referred him to a specialist for extensive surgery.
Two months before his death Simon suffered severe abdominal pains and investigations were undertaken. However, it wasn’t until a month before his death that the full details of the Pathologists report were realised. By that time Simon was very poorly and his condition was inoperable. He died 7 months after being given the ‘all clear’.
The hospital could not avoid admitting that the Pathologists report had been “incorrectly interpreted” by the Consultant. However, they defended the claim on the basis that even if they had acted immediately, it would have been too late to operate – they were saying Simon would have died anyway. This was most distressing to the family.
Luckily, the Surgeon we retained for the claim, Mr Poston from Liverpool, was a national expert on gall bladder cancer and could say with real authority that had Simon been operated on he would have survived with a normal life expectancy. The claim settled a few days before the trial was due to start.
Hilton Armstrong – July 2021