Delayed diagnosis of gallbladder cancer

The woman had been unwell and was eventually admitted to hospital for surgery to remove gallstones and her gallbladder. As part of the usual procedure, the hospital sent a tissue sample to the pathology laboratory for testing.

After surgery, the hospital told her that the procedure had been successful and that her physical problems weren’t expected to return. She was discharged.

However, the pathology report revealed that she had gallbladder cancer that had spread to her liver. The hospital sent the report to the surgeon and cancer team, but they failed to act on the findings. As a result, the woman wasn’t told about her diagnosis and received no follow-up treatment.

After surgery, the woman continued to experience abdominal pain and severe constipation. These symptoms persisted despite the reassurance she’d received following her operation.

Around five months later, her symptoms became so severe that she attended A&E. It was only then that the hospital identified the pathology report confirming her cancer diagnosis.

By this stage, she had stopped working because she was too unwell. She underwent chemotherapy but sadly didn’t survive.

The failure to act on the pathology report meant the woman remained unaware of her cancer diagnosis for around five months. During this time, she continued to experience pain and severe constipation without receiving follow-up treatment for her cancer.

An expert oncologist reviewed the case and concluded that the cancer was so aggressive that an earlier diagnosis wouldn’t have changed the outcome. However, the delay had caused an additional period of pain and suffering.

This distinction was important to the claim. Although earlier treatment wouldn’t have prevented her death, the avoidable delay still had a harmful impact on her final months.

The hospital carried out a Serious Incident Investigation Report, which recognised that an administrative error had occurred. Despite this finding, proving negligence in a delayed cancer diagnosis case can be difficult.

A successful claim needed to establish that the failure to diagnose the cancer had caused additional harm. In this case, it wasn’t enough to show that the hospital had failed to act on the report. The evidence also needed to establish how that failure had affected the woman.

The team on the case obtained expert evidence from an oncologist. The expert concluded that the cancer was too aggressive for earlier treatment to have changed the outcome, but confirmed that the delay had resulted in an additional period of pain and suffering.

This evidence helped establish the basis for a claim, despite the fact that an earlier diagnosis wouldn’t have prolonged the woman’s life.

The woman’s estate secured a five-figure compensation settlement early in the claim. The settlement recognised the additional pain and suffering caused by the delay in diagnosis.

Although compensation couldn’t change what happened or prevent the woman’s death, the outcome acknowledged the harm caused by the hospital’s failure to act on her test results.

If you’ve lost someone close to you following a delayed cancer diagnosis, it can be difficult to understand whether their care should have been different. Fletchers’ specialist medical negligence team can help you understand your options.

Find out more about our cancer negligence claims service and contact us today to discuss your circumstances.