Case report: settlement following negligent treatment of polyps

Lauren Hall, Senior Associate in our Clinical Negligence team at Hay & Kilner has acted on behalf of the Estate of a patient who passed away following negligent treatment of rectal polyps.

The patient was diagnosed with Rectal Tubovillous Adenoma (rectal polyps) in 2010 and over the next 5 years was treated with numerous surgeries for recurrence and persistence of the polyps. The rectum was then removed in 2016 but histology demonstrated early invasive cancer of the rectum. The patient was to receive regular radiological follow up which did not occur.

In 2019, the patient became unwell and CT scan demonstrated the cancer had spread from the rectum to the liver and lung and was incurable. The patient passed away 3 months later.

Lauren was instructed by the patient’s family to investigate a potential clinical negligence claim. Expert evidence was obtained from a Consultant General and Colorectal Surgeon which was supportive of the Claimant’s claim.

A detailed Letter of Claim was served on the Defendant identifying numerous breaches of duty including failure to act upon histology reports from 2010 to 2015, failure to offer proctectomy surgery at an earlier stage, negligent surgery in 2016 in that there was a failure to remove sufficient lymph nodes and failure to arrange appropriate follow up scans following surgery.

It was alleged that, as a result of the breaches of duty, the patient would have avoided significant pain and suffering, numerous surgical procedures, would not have developed cancer of the rectum, and would have survived.

Following receipt of the Claimant’s detailed allegations, the Defendant made admissions of liability. Following negotiation, a six figure settlement was reached on behalf of the patient’s Estate. The Defendant also provided a Letter of Apology.

Lauren comments “I am pleased to have reached settlement in this case where a catalogue of errors resulted in significant distress and harm to the patient and the patient’s family for over 9 years.”

If you have any questions about the above, please do not hesitate to get in touch.