What is a Section 278 Agreement?

A Section 278 Agreement is a legal agreement between a developer and a highway authority to carry out highway works.

Elizabeth Larner Reaches Settlement For Client Who Was Not Referred Promptly For Colonoscopy

Elizabeth Larner has reached a settlement of £127,500 on behalf of a 42 year old woman in relation to a failure to refer her for colonoscopy when she was seen with unexplained anaemia and abdominal pain.

The woman presented to her GP practice on a number of occasions expressing a specific concern regarding bowel cancer, as she had a family history of bowel cancer and, particularly, Lynch Syndrome – a genetic condition which increases the risk of various types of cancer.

Despite this, four separate GP’s at the practice that the woman attended did not refer her for either an urgent or routine colonoscopy, even when, much later, she reported additional symptoms of rectal bleeding and significant abdominal pain.

By the time the Claimant was diagnosed with bowel cancer, almost two years after her initial presentation, she had had a child, who was six months old. Because of the delay in diagnosis, the size of her bowel tumour was significant and required her to have a stoma. The Claimant commenced treatment for her cancer, including immunotherapy, but it transpired that the cancer had metastasized, preventing a curative outcome.

Elizabeth Larner said “I am pleased to have achieved a satisfactory settlement for this lady. The GP practice denied liability throughout the claim, despite it being clear that they had not followed the guidelines for making a routine referral for colonoscopy. However, when Court proceedings were issued and served against them, they were keen to settle the claim”.

The lady said “Liz was professional and helpful throughout my claim, every question was answered, no matter how small, helping me to understand the position I was in and I came away with a significant sum to help me in the future. Liz helped me achieve a positive from a very emotionally difficult situation”.

If you have been affected by the issues raised in this case study and want to find out if you have a claim, please do not hesitate to contact one of the Clinical Negligence Team at Wollens.