The Parliamentary and Health Service Ombudsman (PHSO), which is England’s health ombudsman, has highlighted in a recent report how repeated failures to read scans are resulting in avoidable patient deaths, unnecessary operations and delays in diagnosing cancer.

In 2021, the PHSO published a report which laid bare the concerning issues with medical imaging and report in the NHS and rightly pointed out that, when something goes wrong in the way imaging is requested, carried out, or reported on, it can have life-changing consequences for patients and their families. It set out the need for widespread change through the whole system, particularly in the backdrop of the Covid-19 pandemic and the pressure it placed upon the NHS and its staff.

The PHSO has carried out a further review and has upheld or partly upheld more than 40 cases in which similar failings were found to those identified in the previous report. This indicates that the concerns raised in the 2021 report have not been heeded and that, in the 4 years that have elapsed, the much needed change has not been forthcoming.

The most common issues are doctors failing to identify an abnormality, scans not being carried out or delayed, and results not being properly followed up.

What is clear from the cases upheld by the PHSO is that the failings led to needless suffering for patients who were already vulnerable and who were relying upon the NHS to provide them with the support and care that they deserved regarding their health issues. The PHSO reported that doctors at Wexham Park Hospital repeatedly failed to diagnose a grandfather’s cancer, which delayed his treatment and left him in prolonged pain, likely contributing to the patient’s eventual decision to end his life.

In another investigation, PHSO found that a cancerous tumour, this being a glioblastoma, which is a very aggressive type of brain cancer, was misidentified as benign by Kings College London Hospital despite repeated scans showing it was malignant. As a result of this, the patient was deprived of the opportunity for treatment, which although not curative, could have extended the patient’s life.

Further examples of the impact of these failings include:

• a 10-month delay in cancer being diagnosed, which significantly harmed the patient’s chance of survival
• serious pelvic sepsis not being identified which led to an avoidable death
• a missed ankle fracture which led to an avoidable operation

Although we welcome the Ombudsman’s investigation into issues with medical imaging, the previous report has not had the intended impact in bringing about change and the remedy offered by the Ombudsman to those who have been let down is limited, being in the region of a few thousand pounds. No amount of money can ever contribute for the impact of the failings on the patient and their families but there is reassurance that can be taken from obtaining compensation that takes into account the suffering and the losses experienced. This is where a claim for medical negligence can assist and our medical negligence department has significant experience in dealing with claims concerning medical imaging. This includes cases involving delayed diagnosis of cancer, similar to those considered by the PHSO in their review.

If you or a loved one has encountered failures in respect of medical imaging, please contact our medical negligence team to discuss how we can assist.