Wife died after hospital failed to spot cancer
A WIDOWER has been awarded a six-figure sum in damages after he successfully sued a hospital trust over the death of his wife.
Mike Moses, from Portland Avenue in Teignmouth, took legal action against South Devon Healthcare NHS Foundation Trust after Beverley, his wife of 32 years, and mum of three, died of cervical cancer.
After a four-year legal battle, the trust admitted liability and issued an apology for wrongly interpreting a smear test and giving Mrs Moses the all clear.
Mr Moses, 63, claims Beverley would still be alive if Torbay Hospital had not misdiagnosed a smear test.
A retired nurse and former Teignmouth rugby player and coach, he said: "I don't want my wife's death to be in vain. My wife need not have died if the hospital had done their job properly.
"I am very annoyed myself and my children have been put through this.
"I want women to realise they should never let things go."
Mr Moses has also made a formal complaint to the General Medical Council about a consultant gynaecologist at Torbay Hospital who treated his wife, alleging he failed in his duty of care.
A former classroom assistant at Inverteign School, Mrs Moses died in January, 2005, leaving twins Matt and Gemma, now 28 and Kirsty, now 33.
She had complained of stomach pains and had three smear tests in 1994, 1997 and 2001 which all proved negative.
Mr Moses explained: "She always felt there was something wrong because she haemorrhaged heavily after each of them was born.
"She was surprised the hospital said it was negative and if she had followed her instincts and asked for second opinions on the results, she would probably still be alive today."
Mr Moses added: "The money is insignificant. It has helped me and my children but we would still rather have my wife and their mother here now."
Torbay solicitors Kitson and Hutchings, who acted on behalf of Mr Moses, sought the advice of top medical experts who confirmed the results could not have been interpreted properly by the hospital.
Pre-cancerous cells should have been revealed and early treatment could have saved Mrs Moses.
Mr Moses has lodged a complaint with the GMC because he believes his wife was not properly examined before undergoing gynaecological surgery.
A Kitson and Hutchings spokesman said the test was reported as 'negative' when it should have been reported as 'inadequate'.
The spokesman said: "Had a repeat smear test been performed it would have been reported as 'abnormal' and led to a referral for a colposcopy which would have taken place in September, 2001.
"On the balance of probabilities, the tumour, which Mrs Moses died from, would at that stage have been treatable."
James Cross, joint managing partner at Kitson and Hutchings, added: "This is a very sad case where it is highly likely that if procedures had been carried out correctly, Mrs Moses would still be with us now.
"It is the wish of our client, Mr Moses, that no other woman has to go through a similar experience."
A trust spokesman said: "The hospital very much regrets that the cancer was not detected sooner, and the distress this caused.
"It offers its most sincere apologies to Mr Moses that the treatment begun in 2003 was not able to save his wife's life.
"The hospital accepted liability and apologised in respect of the interpretation in 2001 of an unclear test result."
The spokesman said advances in technology had improved the accuracy of smear tests and that no further complaint had been received from Mr Moses.









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