Fresh blow to cancer patients after screening bungle
Patients who waited four years to find out whether a doctor failed to detect their cancer might not be able to take legal action because of how long it took.
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Patients who endured an agonising four-year wait for a report into whether a doctor failed to detect their cancer during screenings at a Queensland hospital might not be able to take legal action because of how long it took to get answers.
Findings of the inquiry into possible medical negligence linked to endoscopies and colonoscopies at Redland Hospital, southeast of Brisbane, from 2012-18 are due to be handed down this week, but will come outside the statute of limitations for claims.
It is believed that 14 of the patients were found to have bowel cancer after being rescreened. The doctor performed 1500 scopes during that time.
The report was ordered in 2020 by then health minister Steven Miles after a doctor reported fears there had been failings in the detection of digestive tract lesions at Redlands from endoscopies and colonoscopies.
The surgeon allegedly involved was banned from performing the procedures in 2018 but it took 15 months for the investigation to begin.
Queensland Health promised findings in mid-2021.
Mr Miles said at the time any patients that were harmed would be compensated and that the findings of the review would be made public.
The report is now expected to be delivered within days but the years-long wait means if the hospital is liable, the claims limitation has passed.
There is a three-year statute of limitations in cases of medical negligence.
Health Minister Shannon Fentiman told The Courier-Mail she had asked Metro South Hospital and Health Service to ensure that any statute of limitations was not a barrier for patients or families.
“I’d like to acknowledge the patients and families of those impacted from these historic cases,” Ms Fentiman said.
“I understand Metro South is working to engage with those impacted and where there are claims, work to expedite these.”
No compensation claims in relation to this matter have been made to date.
A Queensland Health spokesman said that the report would be released this week.
He confirmed two doctors have been investigated.
“Several factors contributed to the investigation’s duration, including the need to examine cases over a 10-year period, completing a comprehensive clinical review to inform the investigation and the Covid-19 pandemic,” he said.
Legal action taken by one of the surgeons prevented the investigation from being finalised sooner.
Shine Lawyers Medical Law Practice Leader Frances Bertram confirmed the three year statute of limitations but said that anyone with a firm diagnosis of cancer would have 12 months from that diagnosis to bring a claim.
“Diagnosis delays can cost lives and result in much poorer outcomes for cancer patients,” Ms Bertram said.
“I can only imagine the stress and heartache this situation has caused, and my heart goes out to all people impacted.
“There may also be pathways to justice for family members who’ve lost a loved one because of these missed diagnoses.”
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