Success for Nigel Poole QC in Delay in Diagnosing Cancer Claim

Success for Nigel Poole QC in Delay in Diagnosing Cancer Claim

Nigel Poole QC has successfully secured compensation for Katie Maytum, a mother of two whose diagnosis of breast cancer was delayed due to negligence at the Princess of Wales Hospital, Bridgend. On the fourth day of the trial at the High Court in Cardiff a settlement was reached for an undisclosed sum. The Claimant claimed damages having suffered a relapse with metastatic cancer in her bones leaving her with a limited life expectancy.

The Claimant's solicitor, Javid Asharaf of Beers LLP, said outside court:

"The defendant has admitted at trial that as a result of its negligence her treatment for breast cancer was delayed for five months. The defendant had argued that the delay made no difference to her prognosis but we regard this settlement as a recognition that the delay has caused Katie significant suffering and loss. No amount of money can compensate Katie for the fact that she now has metastatic cancer but at least she knows her children will be provided for."

The case involved several contentious issues including the standard of care to be applied to cancer referrals in Wales, the use of prognostic models of life expectancy when a patient has developed metastases,  the application of Bailey-v-MOD to causation of a relapse after delayed treatment and the proper approach to future losses when the Claimant's life expectancy is known to be very limited.

Follow these links for BBC reports on the opening of the case here and settlement here.

Nigel Poole QC led Tom Goodhead of 9 Gough Square and was instructed by Javid Asharaf of Beers LLP

 

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