Medical Negligence Archives

Delayed bowel cancer diagnosis: Tessa’s ongoing fight for answers and justice

Posted on 15 April 202524 April 2025 by Sarah O'Sullivan

Tessa* reached out to Natalie Pibworth at Tees when she thought she might have been the victim of medical negligence.

She had suffered from symptoms of worsening abdominal pain, constipation, diarrhoea and bloating for a period of over 1 ½ years before finally being diagnosed with stage 4 bowel cancer.

Tessa wanted to know whether the cancer should have been diagnosed sooner and, if so, when. She also wanted to know whether spread of the cancer beyond her bowel could have been avoided by appropriate treatment and earlier intervention.

Tessa’ story

Tessa is married and was in her thirties when her symptoms began. Prior to the symptoms of bowel cancer, Tessa was fit and well.

In the 1 ½ years preceding Tessa’ diagnosis, she was incorrectly diagnosed and treated for multiple abdominal conditions and had multiple scans and other investigations at Hospital.

Tessa also had multiple hospital admissions due to her worsening symptoms.

Tessa was eventually taken into emergency surgery after being admitted to the Hospital with severe agonising abdominal pain, nausea, vomiting and distress.

A few weeks later, she was given the heart-breaking news that she had stage 4 bowel cancer.

Tessa subsequently underwent chemotherapy but the cancer sadly recurred, resulting in the need for further major surgery which has left her infertile, immunotherapy and further major surgery to as the cancer had spread to the liver.

Tessa suffers with ongoing debilitating symptoms from the cancer and the treatment she has had to undergo, some of which will unfortunately be permanent and which impact on her quality of life.

How our medical negligence specialists helped

Natalie Pibworth spoke with Tessa, listened to her story and asked questions to understand what Tessa wanted to achieve.

Having understood that Tessa wanted to find out whether the delay in diagnosis made any difference to the treatment she has needed, her current condition and her prognosis, Natalie obtained reports from independent radiology, colorectal surgery, oncology and psychiatric experts.

The experts’ conclusions were that Tessa should have been diagnosed over a year and a half earlier than she was, that the cancer would have been at an early stage and that Tessa would have been able to have surgery before the cancer had spread. Tessa would not have needed chemotherapy or further surgeries and would have had an otherwise normal life expectancy with a normal quality of life.

Achieving justice

Natalie’s work on the claim to secure the justice and compensation that Tessa deserves is continuing.

Natalie has already been able to secure some answers and explanations for Tessa, and the Defendant Hospital has admitted some errors. Natalie is supporting Tessa through the claims process.

*Tessa has been anonymised to protect her identity

Delayed bowel cancer diagnosis: How Tees secured justice after hospital failures

Posted on 15 April 202524 April 2025 by Sarah O'Sullivan

Christine’s* partner reached out to Natalie Pibworth at Tees after she was diagnosed with advanced bowel cancer.

Christine had suffered delay in diagnosis and treatment of her bowel cancer after her local Hospital failed to appropriately deal with an urgent referral by her GP. By the time she was diagnosed, Christine had Stage 4 bowel cancer that had spread (‘metastasised’) to her lung.

Christine wanted to know if the delay had made a difference to her prognosis, wanted compensation for the delay in diagnosis and treatment, and wanted to try and reach a conclusion to her claim as quickly as possible, given that her cancer was found to be incurable.

Natalie worked with Christine to settle the case within 12 months.

Christine’s story

Christine was in her 20s, lived with her partner and had two young children when the symptoms began.

Christine underwent chemotherapy and major surgery following her diagnosis but was sadly thereafter advised that further surgery to remove the lung metastases was not an option and that chemotherapy was the only option to try to prolong her life. Her cancer was terminal.

Failures in Christine’s diagnosis and treatment

Christine had consulted her GP with symptoms including altered bowel function and blood in her stools. The GP arranged initial investigations and then made an urgent referral to the local Hospital.

However, despite the urgent referral, the Hospital did not arrange a colonoscopy and gastroscopy until almost 6 months later. During this time, Christine suffered from enduring stomach pains and unexplained bowel symptoms. She was concerned throughout this period of delay, as she knew that the referral had been urgent and worried that there was something wrong with her. The worry and physical symptoms caused Christine to suffer from a persistent low mood for which she was prescribed antidepressants.

After Christine’s colonoscopy, she was advised that there was a possibility of cancer. A month later she was seen with her partner and the diagnosis was confirmed. Following further investigations, it was confirmed that Christine’s cancer was Stage 4 and had unfortunately spread to her lung. Treatment did not start until 3 months after the diagnosis.

Unfortunately, Christine did not tolerate chemotherapy well and was admitted to hospital many times during her treatment. She suffered from chemotherapy induced diarrhoea and abdominal pain. When she switched treatment, Christine spent 2 days in hospital because of the abdominal pain and had to have a blood transfusion. She also underwent surgery to remove her rectum and put in a stoma.

Christine received an apology from a consultant gastroenterologist at the Hospital for the delays from receiving the GP referral to her first telephone appointment and to her cancer diagnosis. The consultant admitted that this was far too long. As a result of this incident, changes were made to the service and the level of impact of the incident was graded as ‘major – up to 6 month delay in diagnosis of colorectal cancer’.

How our medical negligence specialists helped

Natalie spoke to Christine and her partner, listened to their story and asked questions to understand what Christine wanted to achieve. Having understood that one of the things that Christine wanted was to understand whether the delay in diagnosis made any difference, Natalie obtained an opinion from a colorectal expert. Natalie was able to provide Christine with some clarity in this regard as the expert concluded that the delay in diagnosis did not make a difference to Christine’s condition.

Based on a detailed review of the medical records and evidence provided by independent medical experts, Natalie was able to identify various failures that amounted to breaches in the Hospital’s duty of care to Christine, both in arranging the investigations which led to the diagnosis of cancer and thereafter beginning treatment. Natalie wrote to the Defendant Hospital and the alleged failures were put to them in a Letter of Claim.

Natalie emphasised the consequences Christine suffered as a result of the delay. She described Christine’s low mood from being left in the dark during those months, worsened by the stomach pain and altered bowel symptoms she was still dealing with.

The Defendant Hospital initially denied liability, but Natalie persevered and thereafter secured some admissions for Christine, most notably that she should have been diagnosed 2-3 months after her first GP appointment and that she should have commenced treatment less than 2 months after that.

Achieving justice

Christine achieved justice in her case through these admissions, financial compensation and a speedy conclusion to her case given her shortened life expectancy. Natalie also achieved answers and explanations for Christine which had not previously been provided to her by the Defendant Hospital. Christine can use the additional financial support to improve her quality of life.

*Christine has been anonymised to protect her identity

What is the Duty of Candour policy in the UK?

Posted on 27 March 20257 April 2025 by Sarah O'Sullivan

To comply with the Duty of Candour, healthcare providers must adopt an approach of openness and transparency with their patients, particularly when something goes wrong with their care or treatment.

When errors occur, patients and their families can expect to be informed honestly about what happened, what can be done to deal with any harm caused and what will be done to prevent a recurrence to someone else.

Professional Duty of Candour

Every health and care professional must be open and honest with patients and people in their care when something that goes wrong with their treatment or care causes, or has the potential to cause, harm or distress. This is an individual duty on each health care provider.

Role of professional bodies in enforcing the duty

Regulators of specific healthcare professions oversee the professional duty of candour. These include:

The General Medical Council (GMC)
The Nursing and Midwifery Council (NCM)
The General Dental Council (GDC)

Failure to adhere to the duty of candour may result in disciplinary action being taken.

Examples of professional duty in practice

As soon as the professional realises something has gone wrong with the care of a patient, they should:

speak to the patient or family members face-to-face
provide a true account of what has happened, allowing time for any questions
say sorry – this is always the right thing to do and is not an admission of liability
take action to put things right where possible
document the incident and actions taken in writing

Statutory Duty of Candour

This duty applies to the organisations that provide healthcare services. It is a legal obligation on organisations to be open and transparent with people using their services in relation to their treatment or care.

This duty is set out under Regulation 20 of the Health and Social Care Act 2008 (Regulated Activities) Regulations 2014.

Key elements of the statutory duty

The statutory duty is triggered by a “notifiable safety incident” which is an unintended or unexpected incident that occurred during the provision of care or treatment that could or appears to have resulted in the following outcomes: (in the reasonable opinion of the healthcare professional)

Death that is directly related to the incident
Severe harm
Moderate harm (harm that requires a moderate increase in treatment and significant but not permanent harm)
Prolonged psychological harm (continuous period of psychological harm for 28 days)

When something qualifies as a notifiable safety incident, a conversation must begin with the patient who was harmed, or their family, as soon as is reasonably practicable. The healthcare provider should:

Tell the patient face-to-face that a notifiable safety incident has taken place
Say sorry
Provide a true account of what happened and explain what further investigations may take place
Follow up by providing this information and the apology in writing and providing updates
Keep a written record of all communications and meetings

They should offer the patient practical support, such as providing an interpreter if needed, and emotional support such as counselling.

Consequences of failing to comply with the duty

It is an offence for a Care Quality Commission (CQC) regulated organisation to fail to comply with the duty. Failure can result in enforcement activity ranging from warning or requirement notices to criminal prosecutions.

The difference between statutory and professional Duty of Candour

The statutory duty of candour applies to organisations rather than individuals and covers all providers regulated by the CQC.

The professional duty of candour is an individual duty that applies to all registered healthcare professionals.

The statutory duty also contains specific requirements for notifiable safety incidents.

NHS Employers have responded to the consultation on the regulation of NHS managers welcoming the introduction of a new professional duty of candour on NHS leaders.

Medical negligence and congenital hip dislocation

Posted on 27 March 20251 April 2025 by Sarah O'Sullivan

Congenital hip dysplasia (CDH), also known as developmental dysplasia of the hip (DDH) is a condition some babies are born with where the hip joint fails to develop properly. If untreated, hip dysplasia can lead to long-term complications. Treatment depends on the severity of hip dysplasia, with mild cases possibly being capable of resolving independently and more severe cases requiring time in a Pavlik harness, casting or surgery. Early diagnosis and treatment are therefore crucial to the long-term outcome for your baby.

Medical negligence claims – congenital hip dislocation

Doctors should be able to diagnose congenital hip dislocation during the new-born examination or the 6-8 week post-natal check. Early diagnosis and proper treatment are important to help the baby recover, develop and enjoy as full a range of movement as possible in their hips. Babies with congenital hip dislocation may need treatment to try and resolve the problem. Failure to detect congenital hip dislocation and start treatment early can lead to long-term health problems.

Claims for congenital hip dislocation usually arise as a result of:

There was a failure to follow protocols or carry out the tests at the relevant time.
Misdiagnosis by incorrectly interpreting the results of the tests or failing to carry out further tests.
Delays in referral or treatment once congenital hip dysplasia is suspected.

You might have a claim for negligence if your child:

suffered unnecessary pain or required avoidable surgical treatment because of the delayed diagnosis
faces long-term effects of hip dislocation because of the delayed diagnosis, such as: arthritis, difficulty walking and future hip replacement surgery.

If you are concerned about the standard of care your baby received during diagnosis or treatment of their hip dysplasia, and think this might have caused a problem, talk to our medical negligence claims specialists. We’ll listen to your concerns, and help you find out what happened and why.

What is congenital hip dysplasia?

Congenital hip dysplasia (also called developmental dysplasia of the hip) is an abnormality of the hip joint. It can cause partial or total dislocation of the hip.

The NHS states that long-term effects of untreated congenital hip dislocation may include:

developing a limp
painful, stiff joints (osteoarthritis)
hip pain.

Babies with congenital hip dislocation are born with an unstable hip. This can affect their mobility and range of movement in the hip. Usually, this condition shouldn’t interfere with babies learning to crawl or walk.

Fortunately, congenital hip dislocation is quite rare and treatable. It affects about 1 or 2 out of every 1,000 babies born in the UK.

What causes congenital hip dislocation?

Doctors don’t know precisely what causes congenital hip dislocation, and the NHS advises that it’s not preventable.

However, certain risk factors are linked to an increased chance of a baby being born with congenital hip dislocation. These include:

Family History: where there is a family history of hip problems

Gender: females are more likely to have the condition than males
Breech Birth: if the baby is born in the breech position (born bottom or feet first)
Multiple Births: if you are expecting twins or multiple births
Prematurity: if your baby is born prematurely
First Baby: if it’s your first baby.

If your baby is at risk of being born with hip dislocation, your doctor/midwife may advise you of this during your antenatal care. However, as there is no way of being sure of this before the baby is born, the doctor or midwife will ensure that your baby’s hips are examined immediately following birth.

Diagnosing congenital hip dislocation

A prompt diagnosis gives the baby the best chance of recovering and enjoying a normal range of motion in their hips. Babies should be checked for signs of hip dislocation as part of their routine care.

Your baby will be checked early for signs of hip dislocation. Usually, the first check takes place in the hospital, very soon after delivery. A doctor or midwife should check your baby’s hips within 72 hours after birth. This is part of the newborn examination and shouldn’t cause your baby any discomfort. The person performing the test will gently move baby’s hips to check for early signs of hip dislocation, such as hip joint instability. Your healthcare professional should also check how the baby was delivered and ask if hip dislocation runs in your family.

This is a routine examination. It would be negligent of your care providers not to carry out the examination around the time of your baby’s birth. You should be told if there are any abnormal findings. If a problem is identified during the check, you should be advised of the following steps, and action should be taken to make a firm diagnosis and to rectify the problem.

Your baby’s hips should also be checked at the 6 – 8 week post-natal check. This is a standard check to make sure your baby is healthy. It’s another opportunity for doctors to diagnose hip dislocation, which may not have been evident at the time of your baby’s birth.

If the doctor identifies a possible problem, they may refer your baby for more tests, such as an x-ray or ultrasound scan.

The checks are in place to diagnose hip dislocation early and start treatment as soon as possible.

Signs and symptoms of congenital hip dislocation

The early checks of a baby’s hips are designed to help ensure early diagnosis of hip dislocation.

However, hip dislocation may be diagnosed later in your child’s development as they may not show obvious signs at their first check-ups. The NHS states that parents should contact their GP if they notice that their baby:

has restricted movement in one leg or both legs
has a clicking or popping sound when moving their legs
has one leg which seems longer than the other
has uneven skin folds on their buttocks/thighs
lets one leg drag behind the other when they crawl
develops a limp, walks on their toes or seems to have an abnormal gait.

Treatment for congenital hip dislocation

Pavlik Harness: A soft brace to correctly hold the baby’s hips while the joint develops.

Casting: In more severe cases, a baby may be placed in a full-body cast (spica cast) to maintain the hip in the correct position.

Surgical Treatments: In cases where non-surgical methods do not work or if the child is older, surgery may be necessary. This can involve realigning the hip joint.

Early diagnosis and intervention significantly improve the prognosis, reducing the likelihood of future mobility issues and the need for more invasive procedures.

Congenital hip dislocation terminology

Below is a helpful glossary of terms you might hear about congenital hip dislocation.

Where appropriate, these terms are explicitly explained in the context of congenital hip dislocation.

Congenital: a condition that a baby is born with.
Dysplasia: abnormal development of tissue (such as bones and muscles) or an organ. In the case of congenital hip dysplasia, it means abnormal hip joint growth.
Dislocation: an abnormal separation of a joint. Congenital hip dislocation may mean partial or total dislocation of the hip joint.
Congenital hip dysplasia/dislocation is when the ball of the baby’s femur does not properly sit within the hip socket. The extent of hip dislocations varies.
Hip Subluxation is when the hip joint is partially, but not fully, dislocated. This happens when the femur ball does not entirely fit within the hip socket.

Disclaimer
All content is provided for general information only and should not be treated as a substitute for the medical advice of your doctor, any other health care professional or for the legal advice of your lawyer. Tees is not responsible or liable for any diagnosis made by a user based on the content of this site. Tees is not liable for the contents of any external internet sites listed, nor does it endorse any service mentioned or advised on any sites. Always consult your GP if you’re concerned about your health and your lawyer for legal advice.

Update: Addenbrookes paediatric surgeon suspended after children left with injuries

Posted on 26 March 202522 April 2025 by Sarah O'Sullivan

At Tees, we are shocked and saddened by the news that a specialist paediatric surgeon at Addenbrooke’s Hospital in Cambridge has been suspended following a review.

BBC News has reported that an investigation uncovered nine medical negligence cases where children had been left with injuries affecting their quality of life following complex hip surgery procedures. These injuries have had a lasting impact, requiring further medical treatment and affecting mobility.

It has now been revealed that the review will assess treatment given to 700 patients who had planned operations and another 100 who had emergency treatment. Although the surgeon specialised in children’s surgeries, they also carried out emergency orthopaedic procedures on adults.

Cambridge University Hospitals Chief Executive, Roland Sinker, has confirmed that an external review will take place into the medical treatment carried out by the surgeon at the hospital. He also stated that reports have been made to the General Medical Council, NHS England, and the Care Quality Commission.

Andrew Kennedy KC has been appointed by the trust to chair a panel of expert clinicians to undertake the external review.

The trust has confirmed that concerns about this surgeon were raised 10 years ago in 2015, and that their clinical practice was restricted last year as a precautionary measure.

While the full details of the investigation have not been made publicly available, the suspension raises serious concerns for those patients who may have been treated by this surgeon, potentially affecting their health and well-being.

For many patients, undergoing surgery or treatment from a medical professional is a deeply personal experience. When that trust is broken, the consequences can be both physically and emotionally devastating.

This news is both shocking and heartbreaking for the children and families who are affected. It is crucial that patients and families receive the support they need to obtain answers and where necessary access any follow up treatment and rehabilitation.

About Tees
We at Tees are ideally placed to assist families who may have been affected and have already been approached by some who may have been affected.

With years of experience in medical negligence claims, we are well-equipped to navigate the complexities of these cases, ensuring that patients and their families receive the support and justice they deserve. We understand the profound impact that medical negligence can have, both physically and emotionally and our team is here to provide expert guidance.

Alarmingly, this news comes in the wake of the recent exposure of the practices of Mr. Jabbar, an orthopaedic medical professional at Great Ormond Street Hospital. We are already supporting families affected by the shocking failures in medical care linked to Mr. Jabbar.

Raising awareness of childbirth trauma

Posted on 24 March 20251 April 2025 by Sarah O'Sullivan

Bringing a child into the world should be a joyful time for mothers and their families, but sadly childbirth is not always such a positive and life-affirming experience.

Birth Trauma Awareness Week (14th – 20th July 2025), an initiative from The Birth Trauma Association (BTA), highlights the issues faced by mothers who have suffered a traumatic birth.

A difficult birth can be a traumatising event for new mothers. It can effect mental and physical health, and a mother’s ability to bond with her baby. Sadly, it’s all too common for women to experience birth trauma. One woman’s account of her traumatic birth experience was recently shared over 90,000 times on social media – with many more similar stories on the web.

How we can help

Many mothers suffering from postnatal PTSD are unaware that they may be able to make a claim for negligent treatment received during childbirth. We have a strong track-record of helping women who have experienced birth trauma. We can help them get answers about what went wrong, as well as financial compensation. We’ll talk through with you what happened in your case, and offer you the advice you need.

Call our Medical Negligence experts on 0800 015 1165, for a free, confidential, no obligation chat, or fill out our online enquiry form and we’ll let you know how we can help.

What is birth trauma?

Trauma can result from a range of events experienced during childbirth and postnatal care. They include:

Poor or negligent treatment by staff
Inadequate pain relief
High levels of medical intervention
Emergency deliveries
Unplanned caesarean sections or other medical procedures
Loss of dignity and control
Stillbirth or birth of a damaged baby (a disability resulting from birth trauma).

Mothers can also experience trauma through feeling that their concerns were not listened to, acted upon, or taken seriously.

According to research from the BTA, up to 20,000 women a year have a traumatic birth experience. Many go on to suffer long-lasting impacts on both their physical and mental health. And it’s not just the mothers involved who suffer: partners can also experience post-traumatic stress disorder after witnessing a traumatic birth. Clearly, this can be a major problem for families, and one that currently doesn’t always receive the attention and resources it needs.

One of the reasons many mothers suffer in silence is that they feel they have no right to feel traumatised if they leave hospital with a healthy baby. Often, women who do come forward are misdiagnosed or find that their symptoms are not taken seriously. As a result, many mothers suffer long after the birth of their children – and they don’t receive the treatment they deserve.

Birth Trauma Awareness Week

Patient groups, including the BTA, are concerned that the NHS is failing to make improvements in maternity services, and that cases of negligence or poor treatment are too often being swept under the carpet.

A report conducted at the beginning of the year by the National Childbirth Trust found that a chronic shortage of midwives across the UK left many women feeling unsafe and frightened during childbirth, and reported a marked increase in ‘red flag’ events. A red flag problem is defined as a warning sign that something may be wrong with midwifery staffing.

Birth Trauma Awareness Week aims to highlight the issue of traumatic birth and postnatal Post Traumatic Stress Disorder (PTSD). The BTA offers support to women who are suffering from the after-effects of a traumatic birth, and actively campaigns to change those practices that contribute to postnatal PTSD.

What to do if things go wrong

Many mothers report feeling that their poor experiences don’t matter, and they should put the memories of a difficult delivery behind them. However, that is easier said than done, and PTSD is now widely recognised as a very serious and often debilitating complaint that deserves proper investigation and appropriate treatment.

Birth trauma also includes a number of physical complications during childbirth. For mothers, one of the most common issues is tearing during delivery. Tears vary in severity, and if they’re not identified quickly and dealt with effectively, they can cause long-term problems. Due to the nature of this physical trauma, mothers can experience issues in their relationship, return to work and their everyday lifestyle.

As there is currently no routine follow-up of mothers who have suffered traumatic births, if you have suffered physiological and psychological reactions following childbirth, your first step should be to make an appointment with your GP. Current NHS guidelines recommend cognitive behavioural therapy (CBT) which can offer help with psychological problems in some cases.

A Guide to a Coroner’s Inquest

Posted on 24 March 20251 April 2025 by Sarah O'Sullivan

If you or your family are facing a coroner’s inquest, you don’t have to navigate the process alone. At Tees, we understand how important it is for families to have a thorough investigation into their loved one’s death. Our experienced team is here to offer compassionate guidance, support, and legal representation.

What is a coroner’s inquest?

A coroner’s inquest is a formal investigation into a death. It is held in specific circumstances, including when:

The cause of death is unknown.
The death was violent or unnatural.
The deceased was in custody, state detention, or detained under the Mental Health Act.
the death occurred as a result of a medical procedure/treatment.

Inquests are not designed to assign blame or responsibility but rather to determine the identity of the deceased, as well as when, where, and how they died.

What is an Article 2 inquest?

An Article 2 inquest is a more in-depth investigation held when the state may have failed to protect someone’s life. These inquests often involve deaths in custody, psychiatric hospitals, or other situations where the state played a role.

Prevention of future death reports

Following an inquest, a coroner can issue a Prevention of Future Death Report (PFD) if they identify risks that could lead to further deaths. These reports are sent to relevant organisations or individuals, recommending changes to prevent similar incidents.

Understanding the role of a coroner

A coroner is an independent judicial officer with legal qualifications and significant experience. Their role is to investigate sudden, unexplained, or unnatural deaths. Coroners can request post-mortems, gather evidence, and conduct inquests to establish the facts of a death.

Post-mortems: What to expect

A post-mortem, also known as an autopsy, is conducted by a pathologist to determine the cause of death. While the coroner decides if a post-mortem is necessary, they must consider the family’s views and any cultural or religious beliefs. Families can request a copy of the post-mortem report, though it may only be released after the inquest.

When will the inquest take place?

Inquests are typically held within 6-9 months of a death. During this period, the coroner will:

Gather evidence, including medical records and witness statements.
Contact the family to explain the process.
Potentially hold a pre-inquest review to organise evidence and identify issues.
Issue an interim death certificate to allow families to manage practical matters.

What happens during the inquest?

The inquest is a public hearing where evidence is presented to establish the facts of the death. Key participants include:

Witnesses, including doctors, police officers, or medical experts.
Family members, who may provide personal testimony.
Legal representatives, especially in cases involving state bodies.

The coroner may also call for independent expert opinions to ensure a complete understanding of the circumstances.

Conclusion of the inquest

At the end of an inquest, the coroner or jury will deliver a conclusion that falls under one of several categories, including:

Natural causes
Suicide
Accident or misadventure
Unlawful or lawful killing
Industrial disease
Stillbirth

In some cases, a narrative conclusion is given, providing a detailed account of the circumstances surrounding the death.

Legal representation at an inquest

Having legal representation can be invaluable, particularly if there are concerns about the care a loved one received. Our experienced solicitors can help ensure that the right questions are asked, and all relevant evidence is considered.

State bodies are often represented by legal professionals, so having your own solicitor can help provide a balanced and thorough investigation.

Contact us for support

If you are facing a coroner’s inquest and would like to discuss your options, our dedicated team at Tees is here to help. Contact us for a no-obligation conversation about how we can support you through this challenging time.

Cerebral palsy: Medical negligence claims

Posted on 22 March 20251 April 2025 by Sarah O'Sullivan

Cerebral palsy is a neurological condition caused by brain damage, often resulting from complications before, during, or shortly after birth. It can affect movement, coordination, and overall development. While there is no cure, appropriate treatment and support can significantly improve a child’s quality of life.

Is there a cure for cerebral palsy?

There is no cure for cerebral palsy. However, individualised care plans, including therapies, medications, and assistive devices, can help manage symptoms and enhance mobility and motor function. Although cerebral palsy is not progressive, its symptoms may evolve over time.

In severe cases, cerebral palsy can be life-threatening and may reduce life expectancy, particularly when complications arise. People with severe symptoms often require round-the-clock care.

Types and symptoms of cerebral palsy

The NHS identifies four main types of cerebral palsy, each with distinct symptoms:

Spastic cerebral palsy: Stiff muscles and restricted mobility.
Dyskinetic cerebral palsy: Involuntary, uncontrolled movements.
Ataxic cerebral palsy: Poor balance, coordination issues, and tremors.
Mixed cerebral palsy: A combination of the above types.

Common symptoms include mobility issues, muscle stiffness, coordination difficulties, epilepsy, cognitive impairments, and speech difficulties. The severity varies significantly from person to person.

Causes of cerebral palsy

Cerebral palsy results from brain damage, which can occur:

During pregnancy: Due to infections, genetic abnormalities, or oxygen deprivation.
During labour and delivery: From oxygen deprivation (hypoxia or anoxia), birth trauma, or medical negligence.
Shortly after birth: Caused by brain infections, head injuries, or neonatal strokes.

While some cases are unavoidable, medical negligence can sometimes lead to cerebral palsy. Failing to monitor and respond to signs of distress during labour, misuse of delivery instruments, or delayed emergency procedures can contribute to preventable brain injuries.

Risk factors for cerebral palsy

Certain factors increase the risk of cerebral palsy, including:

Premature birth (before 37 weeks)
Low birth weight
Multiple births (twins, triplets, etc.)
Maternal infections or medical conditions
Blood type incompatibility
Placental issues

Healthcare providers should identify and manage these risks to minimize the chances of brain injury.

Diagnosing cerebral palsy

Doctors often diagnose cerebral palsy within the first two years of a child’s life, although mild cases may take longer to identify. Key developmental milestones, like head control, rolling over, crawling, and grasping objects, are closely monitored. If delays occur, further assessments, including brain imaging, may be recommended.

Making a medical negligence claim for cerebral palsy

If you believe your child’s cerebral palsy resulted from negligent medical care, you may be eligible for compensation. Our experienced birth injury solicitors can review medical records, consult independent experts, and determine whether negligence occurred.

Time limits for claims:

Claims can be made on behalf of a child until they turn 18.
After turning 18, individuals have three years to file a claim.
For those with severe cognitive impairments, these time limits may not apply.

We understand the emotional and financial impact cerebral palsy can have on families. Our compassionate team is here to guide you through the claims process and seek the compensation you deserve to support your child’s needs.

Contact us today for a free consultation and to discuss your potential cerebral palsy negligence claim.

Bowel cancer and medical negligence: Understanding your legal rights

Posted on 18 March 20251 April 2025 by Sarah O'Sullivan

What is Bowel Cancer?

Cancer that affects the large bowel is typically called bowel cancer. You may also hear it being called colorectal cancer, colon cancer or rectum cancer, depending on where it is found.

Most bowel cancers develop from polyps which are non-cancerous growths that might develop into cancer. Cancer cells may stay in the bowel or they might spread to other parts of the body, such as the liver or lungs.

Symptoms of Bowel Cancer

Symptoms of bowel cancer can often be mistaken for symptoms of other conditions.

Common symptoms include:

Bleeding from your bottom
Blood in your stool
A change in your pooing habits including going more or less often, or having diarrhoea or constipation
Unexplained weight loss
Tiredness/fatigue
A pain or a lump in your stomach

Causes and risk factors

Risk factors can include age, with nine out of ten of new cases (94%) diagnosed in people over the age of 50. However, more than 2,600 new cases are diagnosed in people under the age of 50 every year.

Other risk facts include obesity, eating processed meat, alcohol, smoking and eating too little fibre.

Diagnosis of bowel cancer

Bowel cancer is the fourth most common cancer in the UK. Almost 44,000 people are diagnosed with bowel cancer every year in the UK.

1 in 17 men and 1 in 20 women will be diagnosed with bowel cancer during their lifetime.

According to Bowel Cancer UK 54% of bowel cancer cases in the UK are preventable.

Importance of timely detection

More than 9 in 10 people will survive bowel cancer if diagnosed at the earliest stage (stage 1) whereas around 1 in 10 people will survive bowel cancer if diagnosed at the latest stage (stage 4).

This means a timely diagnosis of bowel cancer is crucial – it directly impacts the chances of successful treatment, survival rates and overall prognosis.

There is a bowel cancer screening programme in the UK for people without symptoms. If you do have symptoms, go to see your GP. They may give you an at-home test, known as symptomatic FIT.

Challenges in early diagnosis

Bowel cancer is often misdiagnosed as a less serious illness or recognised at a point where it cannot be cured.

Screening is one of the best ways to detect bowel cancer at an early stage before symptoms appear. Yet the recommended screening programmes are not offered due to lack of staff within endoscopy and pathology services that diagnose bowel cancer. People are also waiting too long for crucial bowel cancer tests as there is a lack of capacity to meet demand.

Diagnostic procedures and tests

If your GP suspects your symptoms may be bowel cancer they may undertake the following tests:

A test that looks for tiny traces of blood in a sample of poo (FIT)
An examination of your back passage (rectum) and back passage opening (anus)
An examination of your stomach (abdomen)
Blood tests

Depending on the results of your examination your GP might refer you to a specialist for further tests.

The main test for bowel cancer is a colonoscopy. This is a where a thin, flexible tube with a camera is used to look inside your bowel. During the colonoscopy, a small sample of the lining of your bowel may be taken for testing – called a biopsy.

Tests may also include scans to look at your bowel. These might be a CT colonography or a CT scan of your stomach and pelvis.

If you have a biopsy that shows you have bowel cancer, you may have to have more tests to work out where and how big the cancer is, including:

Tests on your bowel cancer cells
CT scans
PET-CT scans
MRS scan of your pelvis or liver
Ultrasound scan of your stomach or rectum

Medical negligence in bowel cancer cases

Common examples of medical negligence in bowel cancer cases can include:

Delayed diagnosis

This could occur if:

There is a failure to refer urgent cases quickly enough
Symptoms consistent with bowel cancer are ignored
The correct tests are not requested when symptoms indicate possible bowel cancer
Test or scan results are misinterpreted
Test results or abnormal findings are not followed up or communicated

A delayed diagnosis can mean that the disease spreads to other parts of your body, making it more difficult to treat; you require different or more treatment; and / or that your prognosis is poorer.

Bowel cancer misdiagnosis leading to the wrong treatment

This could occur if a patient is incorrectly diagnosed with another condition (e.g. Irritable Bowel Syndrome, haemorrhoids or piles) and is given the wrong treatment, such as a course of antibiotics rather than cancer treatment.

Avoidable complications during treatment or care, such as:

Delays in beginning chemotherapy
Failure to adequately discuss the risks associated with a particular chemotherapy drug, leading to complications

Eligibility for making a claim for bowel cancer misdiagnosis

Medical negligence occurs when a patient suffers harm or injury as a result of substandard care in a healthcare setting.

Medial negligence claims have strict time limits. If your case relates to a delayed bowel cancer diagnosis or bowel cancer misdiagnosis, this is 3 years from when you were informed of the correct diagnosis. If your case relates to errors relating to treatment, this is likely to be 3 years from the date of the error.

Steps involved in the claims process

Medical negligence claims are technical and complex – this is why you should seek advice from a specialist medical negligence lawyer. It will be almost impossible to navigate the process on your own.

If you would like to understand more, read here: “Bringing a medical negligence claim”

Compensation

Claiming compensation can help provide the care and support that you need.

The amount of compensation you can obtain can vary widely depending on the specific circumstances of your case.

As well as receiving compensation for the physical and psychological consequences of any negligence, you will be able to recover specific financial losses incurred as a result of the negligence. This could include loss of earnings, care, medical treatment and other miscellaneous costs resulting from the negligence.

Seeking support for a medical negligence claim is a significant and often challenging step. This is why we are here to listen to you and talk through what happened, and to help and guide you every step of the way.

Brain tumour and medical negligence: Can you make a claim?

Posted on 27 February 202523 March 2025 by Sarah O'Sullivan

Being diagnosed with a brain tumour can be a worrying time.

Control of your daily life can disappear and become replaced by feeling anxious, uncertain and overwhelmed. We understand you may be worried and concerned about your future and how to provide for your family. Our specialist team have many years of experience and knowledge to help and support you.

Brain cancer: Medical negligence claim

With timely diagnosis and appropriate treatment, many brain tumours are treatable, controllable, and sometimes curable. However, left undiagnosed and untreated, many tumours will grow and can cause serious life-changing problems, or even death.

If you suspect that there has been a delay in diagnosing the tumour, there may be a claim for medical negligence.

Why Choose Tees

Our expert solicitors understand the devastating impact of delayed treatment. We can help you get financial compensation, an explanation and/or an apology. We make the legal process as stress-free as possible and offer Non Win, No Fee Agreements, so that if your claim is unsuccessful, you will not be responsible for any fees or costs.

Tees has a proven track record of securing substantial compensation for clients who have suffered due to a delayed diagnosis of brain tumours.

Most recently, Janine Collier and Megan Reckless settled a case involving a delayed diagnosis of a brain tumour and consequent sight loss for £1,010,793.53. The claim concerned a failure to investigate a visual field defect and a persisting failure thereafter to investigate ongoing visual complaints. A Personal Injury Trust has been set up through Tees’ private client Team, and the client is now seeking investment advice through Tees Wealth.

“Janine is an extremely good and competent partner, solicitor and negotiator. She kept me updated throughout my claim and also contacted me at various points to make sure I understood what was happening with the claim and was ok. Janine assembled a great team of experts and continually challenged them – and the defendant on the evidence they presented. Janine and the KC did a great job negotiating a settlement against the defendant – and I was happy I got the settlement I was looking for. I’d highly recommend Janine to anyone looking for a medical negligence lawyer – I’d be surprised if you’d find a better one!“ Mrs B, client

Read how our medical negligence experts helped pursue a claim in the following case: Widow secured a six figure sum after 5 year delay in diagnosing her husband’s brain tumour.

Let us help you to take the next steps.

Janine Collier, a Partner and specialist in brain cancer cases in the Medical Negligence team at Tees, explains how they should be diagnosed, plus the causes and symptoms of brain cancer.

Detection and diagnosis of brain tumours?

Sometimes, brain tumours may be identified during a brain scan. Usually, however, a patient will first present to a GP or Accident & Emergency and will then be referred to a neurologist for further investigation.

At the appointment with the neurologist, the assessment may include:

a neurological examination, eye and hearing tests – these tests help determine if a tumour is affecting how the brain functions. An eye examination can detect changes to the optic nerve, as well as changes to a person’s field of vision.
neurocognitive tests – these are a detailed assessment of all major functions of the brain, such as storage and retrieval of memory, expressive and receptive language abilities, calculation, dexterity, and the overall well-being of the patient.
blood tests
a brain scan – MRI scans can measure the tumour’s size, CT scans can also help find bleeding and enlargement of the fluid-filled spaces in the brain, called ventricles and changes to bone in the skull. PET scans can help to show up a brain tumour by highlighting the areas of the brain where cells are more active than others.
a biopsy is where a small tissue sample is taken for laboratory testing to confirm the type and grade of the tumour. This helps the doctors decide the best treatment for you.

What is a brain tumour?

When cells grow or spread abnormally and multiply uncontrollably in the brain, a brain tumour forms. A primary brain tumour starts in the brain. A metastatic brain tumour originated in another part of the body, such as the breast, lung or bowels and spread to the brain, usually through the blood stream.

A tumour can be:

Cancerous (malignant)
Non-cancerous (benign)

Low-grade tumours (Grades 1 and 2) are usually slower-growing and not immediately life-threatening. High-grade tumours (Grades 3 and 4) or malignant brain cancers are usually faster growing, aggressive and can be a serious threat to life.

Some of the more common benign brain tumours in adults include:

Meningiomas
Schwannomas, e.g. acoustic neuroma
Pituitary adenoma
Craniopharyngiomas
Medulloblastoma.

Malignant brain tumours include gliomas such as:

Astrocytomas
Ependymomas
Glioblastomas (GBM)
Medulloblastomas
Oligodendrogliomas.

Brain tumours can occur in both adults and children. Age, exposure to radiation, a family history and some genetic conditions are known to increase the risk of getting a brain tumour.

What are the symptoms of a brain tumour?

The symptoms of a brain tumour depend on which part of the brain is affected and how large the tumour is. They can often resemble the symptoms of other illnesses.

Warning signs to be aware of include:

frequent, severe headaches
ringing in the ears (tinnitus)
seizures (fits), twitching of the face or limbs or temporary ‘absence seizures’ where you lose awareness of your surroundings for a short time
nausea and vomiting
mental changes such as confusion, memory problems, loss of concentration
personality or behavioral changes
problems with vision such as blurred or double vision, loss of peripheral vision or blind spots
problems with speech
progressive weakness, numbness, loss of balance lack of co-ordination
fatigue
hormonal fluctuations.

What is the treatment for a brain tumour?

Treatment options for primary brain tumours will depend on:

the type of tumour
the size and location of the tumour
tumour grade
rate of tumour progression
other patient factors, such as the age and health of the patient and the patient’s preferences

Treatment may include:

steroids and medicines to provide symptomatic relief
“watch and wait” monitoring
radiotherapy
chemotherapy
surgery (craniotomy)
genomic biomarker-based treatments, a personalised cancer therapy, whereby through molecular profiling, patients receive targeted treatments.

If surgery is performed it may not be possible to remove the whole brain tumour and treatment with radiotherapy or chemotherapy may also be needed to treat any abnormal cells left behind.

Usually treatment options are discussed at a Multi-Disciplinary Team (MDT) Meeting where clinicians such as neurologists, neuro-oncologists and neurosurgeons and agree the best way forward for the patient.

What is the prognosis for a brain tumour?

Many people with a brain tumour live long, healthy and happy lives if the tumour is caught and treated early. That is why diagnosing and treating the tumour promptly is so important – it can make an enormous difference to the outcome.

Every brain tumour is different – the higher the grade and the larger and more advanced the tumour, the more likely it is that there will be life-long and, life-changing impacts. These usually include physical and emotional difficulties, but as well as these there are often social and financial effects from the tumour itself and/or its treatment.

Mission to revolutionise brain tumour research

Like the treatment for many forms of cancer, brain tumours are the subject of much research across the world by many teams of scientists. The whole of medicine is benefitting from radical new approaches such as those provided by genetic research. Here in the UK, in January 2018, just 5 months before she died, the politician, Baroness Tessa Jowell bravely stood up in the House of Lords and called for more funding and support for people with brain tumours. “For what would every cancer patient want?” she asked. “To know that the best, the latest science was being used – wherever in the world it was developed, whoever began it.”

Find out more about brain tumour research Cancer Research UK

Related content – Brain tumour charity – What do we know about NHS waiting times

Disclaimer

All content is provided for general information only, and should not be treated as a substitute for the medical advice of your own doctor, any other health care professional or for the legal advice of your own lawyer. Tees is not responsible or liable for any diagnosis made by a user based on the content of this site. Tees is not liable for the contents of any external internet sites listed, nor does it endorse any service mentioned or advised on any of the sites. Always consult your own GP if you’re in any way concerned about your health and your lawyer for legal advice.