Father-Of-One From Halesowen, Died In March 2014 Four Years After He First Sought Medical Help For Lump

The family of a 27-year-old cancer patient whose referral to specialists was delayed for more than a year say they will continue the search for answers after an NHS Trust admitted to failings in his care.

Daniel Hemmings, a father-of-one from Halesowen, died in March 2014 from carcinomatosis with spindle cell soft tissue sarcoma, four years after he first sought medical advice regarding a lump on his lower back which was growing in size and increasingly painful.

Daniel instructed specialist medical negligence lawyers at Irwin Mitchell to investigate his treatment; a cause carried on by his partner Fallon Waldron, 28.

Fallon’s legal team launched legal action regarding concerns in relation to the care Daniel received at the hands of hospitals operated by the Dudley Group NHS Foundation Trust and Worcestershire Acute Hospital NHS Trust.

While both Trusts deny liability on the whole, the Dudley Group NHS Foundation Trust has now admitted that Daniel should have been referred to a specialist cancer team more than a year earlier than he was.

Expert Opinion

“This is an incredibly tragic case in which a young father has sought treatment and advice related to a lump, but who we believe only got the care he required when it was simply too late.

“While it is welcome that some admissions have been made in the case, we are determined to ensure that Daniel’s family get the answers and justice they deserve regarding his death.

“This case has raised very serious concerns and it is vital that steps are taken to ensure the same problems never happen again.” Jenna Harris - Partner

Daniel, who had Type 1 Neurofibromatosis which caused him to develop tumours in his nervous system, initially raised concerns with his GP regarding the lump back in 2010. He was referred to Worcestershire Royal Hospital – which is managed by Worcestershire Acute Hospital NHS Trust – and an MRI scan was undertaken, but no follow-up appointment was then made to review the findings.

This led Daniel to assume everything was fine, but he contacted his GP once again with concerns about the lump in March 2011 and was this time referred to Russells Hall Hospital, which is operated by the Dudley Group NHS Foundation Trust. Following an MRI and an ultrasound scan in September 2011, the lump was deemed to be a benign tumour and then removed in an operation in March 2012.

However, further tests then confirmed the tumour was in fact a malignant spindle cell sarcoma and a referral was made to the Royal Orthopaedic Hospital in Birmingham. Daniel was not informed of this due to a mix-up related to his contact details and was only seen by the hospital in July 2012 when he received his diagnosis. Treatment was then started, but Daniel passed away in March 2014.

Irwin Mitchell’s legal action against both the Dudley Group NHS Foundation Trust and Worcestershire Acute Hospital NHS Trust alleges a series of failings by both organisations, including that the former failed to refer Daniel’s case to a specialist sarcoma team following the scans in September 2011. This has now been admitted.

Fallon, who lives in Halesowen with the couple’s six-year-old son Harry, said: “It is hard to believe that it has been three years since Daniel passed away and we all miss him so much.

“I’m just devastated that Harry will never have a lasting relationship with his father, although he often talks about Daddy being in the stars. Daniel’s mum, Gill, is devastated.

“It is hard to believe that it took around two years from Daniel complaining about the lump for it to be recognised for what it was and we are just desperate to know how this could have happened.

“If any good can come from the nightmare we have faced, it is that lessons can be learned which will ensure that the treatment and care received by others can be improved.

“This should simply not happen again.”

Read more about the work of Irwin Mitchell's Medical Negligence Team, here.