Case study: delayed diagnosis of haemochromatosis lead to liver cancer

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Our medical negligence team acted on a fatal case involving the delayed diagnosis of haemochromatosis leading to cirrhosis of the liver and liver cancer.

The claim was initiated by Mr A, while he was alive, however, he sadly passed away and his wife (the Claimant) continued the claim with us.

The Defendant admitted that our client’s doctor was in breach of his duty of care in failing to acknowledge four abnormal liver function test results and in neglecting to carry out further investigations to look for a pathological cause of abnormal liver function tests (LFTs).

They also admitted that our client would not have developed cirrhosis of the liver and/or liver cancer and would have had a normal life expectancy.

Proceedings were issued as the Defendant did not agree to the judgement, an interim payment and that the discount rate of -0.75% be applied.

We sent the preliminary schedule of loss, Particulars of Claim and Death Certificate to the Defendant again, asking for consent to have judgement entered.

The Defendant’s Acknowledgement of Service indicated that they would be defending the whole of the claim (although it transpired that this was an error). Judgement was entered and our Claimant was able to secure a payment of £25,000.

The Claimant’s directions were filed and served with a view to moving the claim forward as quickly as possible in an attempt to settle before the expected alteration to the discount rate. Pensions, earnings and care reports were obtained, and our fully particularised schedule of loss; four quantum statements and three expert reports were served, just over four months after service of proceedings.

Following service of quantum evidence, a joint settlement meeting took place and the claim was settled for £975,000.




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