Wife of ACT Man Receives $75,000 as Compensation from Major ACT Hospital’s failure to promptly diagnose cancer

Published 05 Jul 2016

Our client was a middle-aged man from the ACT who was admitted to the Defendant hospital for investigation and management of a suspected appendicitis and possible adjacent neo plastic lesion due to a history of right sided lower abdominal pain. Our client was admitted for surgery to remove part of the colon.

However during surgery, it was discovered that there was a cancerous tumour growth in the intestine and it had spread to the lymph nodes.

Adjuvant chemotherapy for several months was quickly arranged for our client. Once it was over, CT scans showed no evidence of recurrence. However, a month later, our client began experiencing left sided abdominal pain. Again, nothing was detected on the CT Scan.

Our client was then presented for medical oncology review at the hospital and he complained of a lump in his abdominal scar and the pain coming from it. The hospital recommended that he underwent a CT Scan to investigate these symptoms, but the scan was ordered for “within the next three months” rather than on an urgent basis, despite our client’s complaints of abdominal pain.

Two months later, our client underwent an abdominal ultrasound identifying a mass in the left abdominal wall, and a biopsy was performed a month later. It confirmed the recurrence of bowel cancer. Our client was then admitted to the hospital with obstructive jaundice, and tests confirmed that the cancer was now spread to different parts of the body as a result of the recurrent bowel cancer. A year later, our client passed away.

Mr Leslie Abboud and his team of specialist medical negligence lawyers were given the case to handle, and after speaking to experts in the field, found that the delay in investigations had caused significant clinical morbidity including the loss of opportunity to prevent or delay the development of malignant biliary obstruction by early initiation of palliative chemotherapy, which would have improved the chances of local control of the disease.

After this evidence, Mr Abboud advised our client’s wife to commence a claim against the hospital to gain compensation for the delay.

Through effective negotiations, Mr Abboud and his team, as well as an expert barrister, negotiated and settled upon an order for the hospital to compensate our client around $75,000.00 worth of damages due to the hospital’s negligence.

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