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I have recently obtained a significant settlement for a family following a delayed diagnosis of prostate cancer. This is not the first case of this kind that I have successfully settled and here I reflect on some common themes.
Prostate cancer is the most common cancer in men with around 52,300 new cases each year according to Cancer Research UK. The prostate is a small gland below the bladder. Cancer of the prostate may have no symptoms in its early stages but can cause problems with urinating such as frequency and urgency. Diagnosis of prostate cancer often starts with a test for the levels of a protein in the body called Prostate Specific Antigen (PSA). This helps to assess the likelihood of a man suffering from prostate cancer. However, other conditions can lead to a raised PSA level and so the test itself is not definitive.
If a patient attends their GP with possible symptoms of prostate cancer, the usual course would be for a GP to request a urine sample, undertake an examination (to feel the prostate via the rectum) and take a blood test to check PSA levels. If the results are concerning then a referral to hospital may be required. Unfortunately, these steps are not always properly undertaken and this leaves many men vulnerable.
As with so many cancers, early diagnosis is key to enable the best chance of successful treatment.
GP failures with PSA testing
In cases I have acted in, the negligence has arisen from failures by GPs in relation to PSA testing, leading to significant delays in diagnosing prostate cancer. Failures have included:
- not acting upon test results showing raised PSA levels;
- failing to arrange necessary repeat tests; and
- not undertaking necessary examinations.
The delays my clients have encountered have been up to several years, by which time the cancer had metastasised.
What has to be proven
As with all clinical negligence cases, to bring a successful claim it has to be shown that there was a breach of the doctor’s duty of care to their patient. In the cases I am discussing, this involves proving that the GP did not act correctly in response to symptoms of possible prostate cancer. It then has to be shown that this changed the outcome for the patient – i.e that their prognosis was affected. This is usually achieved by obtaining independent expert evidence from a GP and a specialist in urological cancer.
Claims of this nature can be complicated as even where it is accepted that mistakes were made, a defendant GP, through their lawyers and having obtained their own expert evidence, often takes a contrary position as to what the outcome would have been with earlier diagnosis.
Compensation
Where someone has lost the chance of a cure or an otherwise better outcome, compensation can be quite significant although there are restrictions in law as to what can be claimed. An award can comprise of sums for any lost earnings, pain and suffering and future needs such as for treatment and care. A claim can often also often be made for sums that would have been earned if the patient’s life expectancy had not been reduced by the negligence – known as a ‘lost years’ claim.
If the person sadly dies then the claim can be brought by or on behalf of someone who was dependent on them – this is usually a family member but there are clear rules as to who qualifies as a dependent. They can then claim for their loss of financial dependency on the person that died and any dependency on their ‘services’ which can include services in the home such as cooking and cleaning or looking after children.
If you are concerned about the treatment you, or a family member, has received in relation to cancer of any type, our specialist lawyers are here to help.
Further information
If you have any questions regarding this blog, please contact Kirsty Allen in our Medical Negligence & Personal Injury team.
About the author
Kirsty Allen has a varied caseload of medical negligence and personal injury matters. Her medical negligence work includes child cerebral palsy and adult brain injury cases, as well as fatal claims (including inquests), loss of sight cases, as well as failure to diagnose cancer and gynaecological claims.
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