Matthews – v- Sandwell & West Birmingham NHS Trust , Nottingham District Registry

Laura Johnson has successfully defended a claim for delayed diagnosis of cancer and alleging failures in the administrative system of an NHS Trust, said to have led to the death of a young mother from cervical cancer. HHJ Godsmark QC, sitting as Deputy High Court Judge in the Nottingham District Registry, dismissed the claim after a week of evidence. It was alleged that the Trust’s doctors had been negligent in failing to identify the Deceased’s tumour during an emergency admission in August 2009. It was also alleged that the Deceased did not attend a colposcopy appointment two months later because of confusion in the appointments system and that there had been a negligent failure to inform her GP of her consequent discharge. The Judge accepted the Defendant’s evidence that, although a tumour was probably present, most likely it was situated in the endocervical canal and neither visible nor palpable on speculum examination. He also accepted that, on balance, the Deceased knew of her colposcopy appointment but did not attend and that informing her GP of her discharge from the clinic would not have led to any action on the part of the GP.

Laura Johnson was instructed by Bevan Brittan LLP on behalf of the Trust and NHSR.