01482 778 463

We're here to help 01482 778 463

CLAIM ONLINE
Hudgell Solicitors™ | Latest News | Hospital specialist’s decision not to test for bowel cancer was ‘completely inexcusable’ and cost patient ‘at least 10 years of life’

Hospital specialist’s decision not to test for bowel cancer was ‘completely inexcusable’ and cost patient ‘at least 10 years of life’

Ron and Mary Badham

A medical negligence solicitor says a hospital specialist’s decision not to carry out a colonoscopy on a women displaying ‘red flag’ symptoms of bowel cancer was ‘completely inexcusable’ – and one which independent experts say cost the woman at least 10 years of life.

Mary Badham had visited her GP with classic symptoms of bowel cancer in 2009, then aged 65, and was referred to Sandwell General Hospital in the West Midlands to see a specialist.

However, she was diagnosed, without a colonoscopy having been performed, as suffering from Irritable Bowel Syndrome and sent home with tablets.

Two years later, Mrs Badham was invited to attend Bowel Cancer Screening as part of the national NHS’ screening programme, where she discovered she had cancer and that it was terminal. She died less than three years later, in April 2014, aged 72.

Her husband Ron Badham, 79, has now received a substantial compensation settlement from the Sandwell and West Birmingham NHS Trust, which runs the hospital, after bringing a claim against them through clinical negligence specialists Hudgell Solicitors.

The Trust admitted its failure to carry out a colonoscopy in 2009 fell below a reasonable standard and therefore admitted breach of duty.

Hospital Trust admits breach of duty following medical negligence claim

Caroline Murgatroyd, a clinical negligence specialist at Hudgell Solicitors, said: “Mary Badham did the right thing in going to see her GP with symptoms that, quite rightly, raised immediate concern for the doctor, who referred her to see a specialist.

“She was over 60, and therefore there should have been a strong suspicion of bowel cancer, and if the specialist had acted properly, a colonoscopy would have taken place within four weeks, and treatment followed soon after.

“However, the specialist did not book Mrs Badham in for further tests, despite exhibiting the red flag warnings for bowel cancer. This was completely inexcusable and was an error which has led to a loving wife, mother and grandmother being taken from her family far too soon. They have had to carry on living without her, knowing she could have been saved.

“We know no amount of money can bring Mrs Badham back to her family, but we hope the fact that admissions have been made, and that this settlement has been offered, provides some comfort, and that by sharing details of their case the family helps raise awareness for others to demand tests, or seek second opinions, when concerns over health are too easily dismissed.”

Family sought legal advice to hold hospital trust and specialist to account

Mary BadhamMr Badham says he pursued the legal case in order to hold the hospital trust and specialist to account, and to make other families aware of the need to demand tests are carried out when symptoms of potentially serious conditions persist, and are dismissed too easily by medical professionals.

Mrs Badham initially saw gastroenterology specialist Dr Nigel Trudgill, who diagnosed Irritable Bowel Syndrome (IBS) and prescribed medication, without examining her.

Mr Badham, a retired accountant, said: “She was passing blood and suffering from episodes of diarrhoea, and her GP referred her to a specialist.

“I can remember her coming back from seeing the specialist and she had a smile on her face, as happy as if she had won the lottery. She was ecstatic with joy and said ‘at least I haven’t got cancer’.

“She felt reassured, but I was concerned as in my own mind then as I didn’t feel it had been explored properly. She didn’t want me to interfere though and I didn’t want to upset her. She said she had been to see the ‘top man’ and she was reassured.”

Over the next two years his wife, a full time housewife, continued to suffer from crippling abdominal pains, bleeding, and diarrhoea, which impacted on her quality of life.

“Some days were worse than others. But she would be in severe pain at times,” said Mr Badham.

In 2011 she was invited to attend bowel cancer screening but her husband recalled she wasn’t worried about the results, having seen Mr Trudgill two years earlier.

The screening showed an abnormal blood result and she was fast-tracked for a colonoscopy, which revealed she had bowel cancer.

Mrs Badham was operated on in September 2011 to remove the tumour, and started chemotherapy treatment, but it was later abandoned as she suffered from ‘considerable toxicity’.

In July 2012, she was then diagnosed with womb cancer, which was not connected to the bowel cancer, but because of the poor prognosis of the bowel cancer, doctors were unable to offer adjuvant radiotherapy to treat it.

An independent oncology expert, who was instructed by Hudgell Solicitors to study her medical reports as part of the legal claim, concluded that she would have had a good chance of being successfully treated, and living for at least another 10 years, if the bowel cancer had been spotted by the consultant in 2009.

Because it was undiagnosed for two further years, it had become more advanced and spread to her lymph nodes by the time it was found. The expert also said Mrs Badham would have been likely to have been cured of her womb cancer had the bowel cancer been treated in 2009.

Mr Badham, of West Bromwich, Wes Midlands, says he feels ”robbed” of ten more years with his wife, who he had been married to for 45 years, with two sons and two grandchildren.

He said: “After being diagnosed as terminal, she was still a very strong person and she didn’t feel sorry for herself. She made the best of every day. I was more stressed by it than she was, she never cried at all, it was amazing how strong she was.”

The couple enjoyed holidays after her diagnosis and Mr Badham said his wife continued to enjoy gardening and days out up until six months before she died in April 2014 – less than three years after her cancer diagnosis.

Husband feels case is of ‘public interest’ and urges others to demand tests

Mr Ron Badham (002)Mr Badham has since reported Dr Trudgill to the General Medical Council, but was told it was not in the public interest to investigate, and that the period in which he could make a complaint had expired.

He said: “I do think it is in the public interest, I think people need to be aware of what we’ve gone through. If anyone is dissatisfied with their diagnosis, get another opinion. Don’t make the same mistake as Mary.

“This has been very hard for myself, our two sons, and our grandchildren. They thought the world of her, and she thought the world of them.

”It is bad enough losing your wife or partner, but it’s the circumstances of that loss that are hard to accept – that she could have lived longer if they’d found the cancer when they should have done.

“If she had had surgery and something had gone wrong, or if he had examined her and missed something, I could have maybe accepted it, but not to have even examined her is inexcusable.”

No Comments

Leave a Reply

*Required

The Author

author image

Caroline Murgatroyd

Team Supervisor and Solicitor, Clinical Negligence

cm@hudgellsolicitors.co.uk

Request a callback

Request a callback from a solicitor

 I am an existing client.









What Our Clients Think

trustpilot-star trustpilot-star trustpilot-star trustpilot-star trustpilot-star

I would recommend this company to …

"I would recommend this company to anyone very helpful and quick they kept me up… "

Mrs Clare Kett

trustpilot-star trustpilot-star trustpilot-star trustpilot-star trustpilot-star

Impeccable service and results

"Impeccable service and results, very informative & helpful, thank you for everything!"

Miss Isabelle Jowett

trustpilot-star trustpilot-star trustpilot-star trustpilot-star

Professional and helpful service

"Found the service and advice from my contact at Hudgell to be very professional and… "

Sue

trustpilot-star trustpilot-star trustpilot-star trustpilot-star trustpilot-star

1st class service …

"I can not fault them kepted me up to date with what was going on… "

Mr Mark Ward

trustpilot-star trustpilot-star trustpilot-star trustpilot-star trustpilot-star

Thank you very much for your help with …

"Thank you very much for your help with sorting my case against London Police. Very… "

Mr Greg K.

trustpilot-star trustpilot-star trustpilot-star trustpilot-star trustpilot-star

I found Hudgell Solicitors to be absolutel professionals

"I found Hudgell Solicitors to be professional from start to finish, helpful, approachable and honest… "

Vanessa T

trustpilot-star trustpilot-star trustpilot-star trustpilot-star trustpilot-star

genuine caring company honest and …

"genuine caring company honest and sincere I would recommend them highly"

customer

trustpilot-star trustpilot-star trustpilot-star trustpilot-star trustpilot-star

Very happy with the fast service I have …

"Very happy with the fast service I have received would 100% recommend and use again"

Mrs Gemma Welburn

trustpilot-star trustpilot-star trustpilot-star trustpilot-star trustpilot-star

i must say they have handled my case

"i must say they have handled my case, amazingly well!!!. i would very much recommend… "

Mr Fahad Ali

trustpilot-star trustpilot-star trustpilot-star trustpilot-star

After starting my case with rapid …

"After starting my case with rapid solicitors, Hudgell took over the company, there was minimal… "

Mr Alan Scott Foster

trustpilot-star trustpilot-star trustpilot-star trustpilot-star trustpilot-star

My claim looked like it was going to be …

"My claim looked like it was going to be dragged out and the other party… "

shelley bond

trustpilot-star trustpilot-star trustpilot-star trustpilot-star trustpilot-star

Great from start to finish.

"Great from start to finish. The staff are Very friendly professional and helpful and kept… "

Mr Darren Barnes

trustpilot-star trustpilot-star trustpilot-star trustpilot-star trustpilot-star

We have recently used Hudgell …for a negligence claim

"We have recently used Hudgell Solicitors for a negligence claim.The way that dealt with a… "

Mrs Rosemary Joynes

trustpilot-star trustpilot-star trustpilot-star trustpilot-star trustpilot-star

Extremely professional and efficient

"Extremely professional and efficient. Every effort was made to guide us through the process and… "

SMK

trustpilot-star trustpilot-star trustpilot-star trustpilot-star

Good result although process was a …

"Good result although process was a little long winded considering the other party was totally… "

Mrs Elizabeth Ryan

trustpilot-star trustpilot-star trustpilot-star trustpilot-star trustpilot-star

Ihad the need to use a solicitor i had …

"Ihad the need to use a solicitor i had never heard of HUDGELL SOLICITORS at… "

Tina Dridge

trustpilot-star trustpilot-star trustpilot-star trustpilot-star trustpilot-star

I am satisfied,profesional service ,I …

"I am satisfied,profesional service ,I recommend to everyone."

Miss Stanislawa Szczubelek

trustpilot-star trustpilot-star trustpilot-star trustpilot-star trustpilot-star

Very good polite and fast service

"Very good polite and fast service"

Lesley Hubbard

trustpilot-star trustpilot-star trustpilot-star trustpilot-star trustpilot-star

Hudgell's did a good job

"Nasreen did a good job and Hudgell's were great throughout"

AJV2017

Rated 9.2 out of 10 based on 313 reviews

Powered by Trustpilot

© 2017 Hudgell Solicitors®. All Rights Reserved.

Hudgell Solicitors is a trading name of Neil Hudgell Limited | Director Dr. Neil Hudgell MA LLB (Hons) LLD | Registered in England No. 7078429 | Authorised and Regulated by the Solicitors Regulation Authority | SRA No. 521372 | VAT Registration No. 254 7802 90