Burns Nowlan secure €65,000 compensation against hospital over delays in diagnosis and treatment of cancer

Our client, a 66 year old woman, was referred in 2007 by her GP to her local hospital as she was suffering from loss of bodyweight and diarrhoea. Arrangements were made for her to have a colonoscopy. It was subsequently found that she had a sessile polyp distal to the hepatic flexure.

She then underwent a barium enema which was reported to be normal. A further enema was also reported as being normal. Further examinations in 2009 were also reported as being normal. On the 23rd May 3011 our client underwent a CT scan of her abdomen/pelvis region which reported showing a mass distal to splenic flexure with bowel thickening.

On the 11th August 20911 our client underwent a further CT scan in a Dublin hospital and the findings included abnormally thickened colon and a suspicion of carcinoma was raised. In September 2011 she underwent left hemi colectomy and the findings included a tumour. The client was subsequently required to undergo chemotherapy.

Legal proceedings were instituted by Burns Nowlan against the HSE alleging negligence in failing to exercise reasonable skill in the history taking, investigation examination assessment diagnosis , management care advice and treatment of our client. In addition it was also alleged that there had been a failure on the part of the hospital to diagnose or cause to be diagnosed her colon cancer in an appropriately timely manner.

Liability was denied on behalf of both hospitals. However a week before the High Court hearing the case was settled , without an admission of liability, in favour of our client for a sum of €65,000 plus High Court costs.



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