Darren Rosheski, whose partner Helen Dutton died in August 2021 after a GP misdiagnosed her rectal cancer as irritable bowel syndrome (IBS), has spoken out after reaching an out-of-court settlement with the NHS. The 35-year-old finance manager and mother of one first saw her GP in late 2016 with symptoms including back pain, passing blood, and altered bowel habits. The doctor assessed these as signs of IBS and haemorrhoids, recommending no further action.
Two years later, Dutton saw a different GP at the same surgery and was referred to Tameside Hospital in Greater Manchester. In January 2019, physical examination, CT and MRI scans, and a colonoscopy confirmed bowel cancer that had already begun to spread. Three weeks later, Manchester's Christie cancer hospital diagnosed advanced stage 4 rectal cancer. Despite chemotherapy, radiotherapy, and surgery, and being given the all-clear in June 2020, the cancer returned two months later. Dutton died at age 40 in August 2021.
NHS Payouts for Cancer Misdiagnosis Reach £190m
New figures obtained by law firm Bolt Burdon Kemp via a Freedom of Information request to NHS Resolution reveal that the NHS in England has paid almost £190 million over the last five years to settle 870 claims involving misdiagnosis or delayed diagnosis of cancer. Total costs, including legal fees, rose from £32 million in 2020-21 to £41.3 million in 2024-25. The average cost per settlement increased by 20%, from £199,896 to £241,705 over the same period.
Rosheski, a tradesman, hired Irwin Mitchell solicitors to sue the NHS. He reached an undisclosed out-of-court settlement in January, though the NHS did not admit liability. He and his daughter were financially dependent on Dutton. 'I would rather be poor and have Helen still around. A family has been destroyed by a doctor's negligence. I don't care about the compensation. I just wish she was here now,' he said. Both he and his daughter have suffered serious mental health problems; his diagnosed PTSD and complex grief have left him unable to work for more than a month since Dutton's death.
Experts Warn of Devastating Consequences
Olivia Boschat, a solicitor at Bolt Burdon Kemp and medical negligence specialist, said: 'These figures are really alarming because they reveal that mistakes by NHS clinicians, in either misdiagnosing cancer or taking too long to diagnose it, are having devastating consequences for people's health and lives. It is terribly sad to learn that 870 people have experienced such poor cancer care from the NHS that they or their relatives felt that they had to sue over mistakes that were highly damaging, and in some cases fatal.'
Boschat noted that difficulties accessing urgent cancer testing on the NHS are often a key factor in lawsuits. 'Some delays in diagnosis are unavoidable because doctors need time to rule out other possible diagnoses, others happen because symptoms are overlooked, necessary tests are not carried out quickly enough, or results are missed or not acted on promptly. The consequences can be devastating. Delays may allow the cancer to spread, meaning more aggressive treatment is needed, and in the worst cases it may become untreatable, with life-changing or fatal consequences.'
NHS Performance Targets Missed
The NHS has not met the target to start urgent cancer treatment within 31 days of a patient and doctor agreeing a treatment plan since December 2020. It has also not met the target to start treatment within two months of a hospital receiving a suspected urgent cancer referral since December 2015. Guy Forster, president of the Association of Personal Injury Lawyers, said: 'Some surviving victims need additional care, therapies and specialist equipment if the delay in diagnosis means they now have mobility or continence issues, for example. Some will be out of work for a long time. For those who have lost loved ones as a result of delays, lives will be turned upside down.'
Government Response
A Department of Health and Social Care spokesperson said: 'Early and accurate diagnosis is key to effective cancer treatment. This hasn't happened in enough cases, and this government is determined to address this. But we are making progress. In the last year, 82,000 more people received a timely diagnosis for suspected cancer or were given the all-clear compared to the year before. Through Jess's rule we are supporting GPs in taking a 'fresh eyes' approach to cancer detection, and our national cancer plan will give family doctors digital tools to spot and flag concerning symptoms or test results earlier.'
