Penningtons' clinical negligence team advises widow of man who died following NHS errors

London and South East law firm Penningtons Solicitors LLP is representing the widow of a Basingstoke man who died, aged 59, from renal cancer following a series of alleged errors by his treating hospital which twice left him and his GP unaware of the fact that he was suffering from cancer, despite test results confirming his illness. Court proceedings have recently been issued in the High Court.

Michael Herod had worked for the NHS as a paramedic, before retiring with back problems. A diabetic, in 2005 he underwent investigations at North Hampshire Hospital which revealed that he had malignant cysts on a kidney and that the cancer had spread to his lungs. However, the results were filed and not reported to Mr Herod or his GP.

A year later, after an incident when he had blacked out in his car, Mr Herod went back to his GP. It was only then that it became clear that the hospital had not reported the results to the GP. She chased them up, and the true situation was revealed.

Sadly, by then it was too late to offer Mr Herod anything other than palliative care. His family cared for him at home and Mr Herod also received care and support from St Michael's Hospice in Basingstoke. He died in March 2008.

To make matters worse, in the course of investigating the case it has emerged that the cysts on Mr Herod's kidney were first revealed in 1991, when he was incorrectly told that they were benign.

Mr Herod's widow, Gillian Herod, is now pursuing a claim against the NHS Litigation Authority, which represents Basingstoke and North Hampshire NHS Foundation Trust, alleging that the true situation should have been diagnosed in 1991. Her case is that he should have been offered removal of the kidney and that if this had happened before the cancer spread to his lungs, he would have survived.

The NHS Litigation Authority denies the claim and has sought to blame Mr Herod's GP for not following up the 1991 scan results – despite the fact that the GP received a report at that time giving the all-clear.

Mr Herod had two children. Mrs Herod and her family are left grieving for their loss and feel extremely let down by the NHS. As the claim has not been resolved, Mrs Herod's only option now is litigation.

Alison Johnson, of Penningtons Solicitors LLP's clinical negligence group, leads the investigation on Mrs Herod's behalf. Commenting on matters to date, she said: "I very much hope that once court proceedings are served on the Trust, progress will be made towards settlement of this very sad case. No amount of financial compensation is going to change what has happened but an admission of liability would at least acknowledge the tragic consequences of the failings made and, to whatever extent it remains possible, the family's loss. Mrs Herod is extremely keen that lessons be learned from this and that no one else goes through what her family has had to."