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

Caesarean Section Requests

A report on the variations in practice and procedure across NHS Trusts in the UK

At Tees, we are increasingly supporting women who, despite requesting a caesarean section or raising concerns about vaginal delivery, have been counselled in a way that steers them toward a vaginal birth.

Many of these women are unaware that nearly 40% of births in the UK involve either instrumental assistance or a caesarean section. For first-time mothers, this figure rises to 50%. Furthermore, around 4% of women experience third or fourth-degree perineal tears during childbirth, which can result in life-changing, long-term issues with bowel control and incontinence.

Sadly, many go on to endure traumatic births, often leading to serious and lasting physical and/or mental health problems. In some cases, their babies also suffer injury.

Read Tees Law’s own report

The copyright in this report belongs to Tees Law. Tees Law gives permission for extracts from the report to be used provided a suitable credit to Tees Law is given and a link to the full report published.

In 2018, Birthrights  – a charity dedicated to promoting women’s rights in childbirth, published a report into Maternal Request Caesarean (MRCS). These are planned caesarean sections requested by pregnant women without a medical indication.

The report revealed that, despite NICE Guideline CG132, nearly 75% of NHS Trusts did not have written policies supporting a woman’s right to choose a caesarean.

It concluded that “the majority of Trusts in the UK made the process of requesting a caesarean lengthy, difficult or inconsistent, adding anxiety and distress to women at a vulnerable time.” The report called for greater transparency around the variation in policies and procedures between NHS Trusts.

Three years have passed since the Birthrights report was published. With no further research on this issue that we were aware of—and with our Medical Negligence team continuing to support women like Niamh and Anna, who have faced disempowerment and difficulty when giving birth—we undertook our own investigation in May 2021. Our goal was to assess whether practices and procedures regarding MRCS had changed across NHS Trusts since 2018.