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

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

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

Bowel cancer and medical negligence: Understanding your legal rights

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:

  1. There is a failure to refer urgent cases quickly enough
  2. Symptoms consistent with bowel cancer are ignored
  3. The correct tests are not requested when symptoms indicate possible bowel cancer
  4. Test or scan results are misinterpreted
  5. 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:
  1. Delays in beginning chemotherapy
  2. 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.