The deceased suffered from anorexia and depression prior to her death and the claimant and his two children lost their wife and mother.
£628,700 to a 34-year-old Widower After He Lost His Wife to a Late Diagnosis of Cervical Cancer
In July 1989, the claimant's wife ('D') had a cervical smear that was incorrectly reported as being normal. In January 1993, D was diagnosed with invasive cervical cancer and had to quickly undergo a radical hysterectomy and bilateral oopherectomy (removal of womb and both ovaries). Later that year, the cancer was back and D needed chemotherapy and radiotherapy.
It was hoped D had made a full recovery but, sadly, the cancer was back in 1997. By that time curative treatment was no longer an option. D passed away March 1998.
The widower (“C”) brought aa claim alleging negligent reporting of the first smear and negligent failure to arrange a follow up smear after 6 months. Had this course of treatment been pursued, it was argued that early pre-invasive disease would have been detected. This could have been easily treated locally with a full recovery.
Liability was admitted in this case.
Before her death, D had suffered radical surgery. This led to problems with her bladder, fatigue, anorexia, sickness and depression. When the disease recurred she suffered from further multiple symptoms which also included bowel symptoms, pelvic pain, sacro-iliac pain, severe right-iliac fossa pain, rectal bleeding and weight loss.
The children of the family were five and eight years old at the date of their mother’s death.
Out of the compensation of £628,700, a sum of £100,600 is the estimated value now for the deceased’s pain and suffering (General damages). The balance of the ward relates to past financial losses as well as high sums for anticipated future financial losses and the value of the loss of services the deceased would have provide to her husband and two children.
