Catherine was 53 when she died of stomach cancer. 2 years earlier her GP had referred her to hospital after she went to see him complaining of a feeling of fullness in her tummy. She had an endoscopy, and biopsy, and was told all was clear and that she probably just had an ulcer. This came as a great relief to her husband, Keith, and their children. Unfortunately, as they were to find out a year later, the Pathologist had made a mistake when examining the biopsy. She was not in the clear. She had cancer which needed operating on. By the time this was discovered it was too late and she died 2 months later.
The hospital were quick to admit that the Pathologist had made a mistake but defended the claim on the basis that even if the cancer had been diagnosed earlier, Catherine would still probably have died. Shortly before a trial date was fixed we managed to persuade the hospital’s Solicitors to settle out of Court for £57,500. As Catherine did not work and the children had grown up, it is a sad fact of the English legal system that compensation for the Husband and adult children in cases such as this can never reflect the true value of the loss.
Hilton Armstrong – November 2018