The family of a 25-year-old Surbiton woman who died of cervical cancer after feeling "fobbed off" by her GPs have won £15,000 damages at the High Court.
Sophie Hague died at home in November 2011 after enduring a hysterectomy, two unsuccessful cycles of chemo-radiotherapy and emergency surgery from which she never recovered. Her mother Suzanne and fiance, David Rich, claimed there was an inappropriate delay in diagnosing Ms Hague, who visited Langley Medical Practice in November 2009 and February 2010 complaining of pain and bleeding.
She was not physically examined on either occasion or referred. Ms Hague was eventually diagnosed in June 2010, after she told her mother that she felt "fobbed off" by Dr John Dalzell and Dr Daniel Fish and a scan was arranged by the family. Counsel Adam Korn told Mr Justice Lewis in London that it was alleged that the GPs wrongly and negligently failed to take Ms Hague's complaints seriously enough and make an onward referral for specialist diagnosis and treatment. He added both doctors had admitted breach of duty and it was accepted that Ms Hague should have had a pelvic examination. But, there was a dispute over legal causation, with the defence arguing that earlier diagnosis and treatment would have made no difference to the outcome. Their case was that the tumour was so aggressive that Ms Hague would have died whenever surgery was performed.
Today, the judge told the High Court that Dr Dalzell and Dr Fish failed to exercise reasonable skill and care in their treatment of Ms Hague in November 2009 and February 2010. However, he added, on the balance of probabilities, the cancer would have recurred and Ms Hague would not have survived for five years, but would have died. That aspect of the claim for negligence and a claim for wrongful death did not succeed. It was agreed that if the court had decided that Ms Hague would have survived if she had been diagnosed earlier, the amount of compensation would be £225,000. As it found that the negligence did not cause her death, it was agreed that the appropriate sum was £15,000.
Comments
Post new comment