Scandal-hit trust admits errors and failures in cancer patient’s death

Concerns have again been raised about the standards of treatment and care at a scandal-hit hospital, following a catalogue of errors and failures being admitted in the death of a cancer patient.

Ken Valder died in November 2022, after complaining to the Royal Sussex County Hospital about “delay after delay” in his treatment for oesophageal cancer, and of being “written off and left to die”.

A suspected tumour was discovered in Mr Valder’s oesophagus in October 2021 – but an endoscopic ultrasound did not happen until January 2022 due to equipment failures, administrative errors and public holidays.

He was due to have surgery that same month, but was delayed amid disagreements among doctors as to the best course of action. Surgery eventually took place in May, when he was referred to Guy’s and St Thomas’ in London.

Mr Valder survived the surgery and showed signs of recovery, but later in 2022 discovered the cancer had spread to his brain and he died in November.

University Hospitals Sussex has since admitted that errors, failures and disagreements between surgeons contributed to these delays and has apologised to Mr Valder’s family. It also accepted that this case prompted the CQC to suspend upper gastrointestinal cancer services at the Trust amidst “serious safety and leadership concerns”.

An independent review of Mr Valder’s case highlighted a number of delays and “lack of urgency to each and every step of the pathway”, which contributed to the cancer becoming more advanced.

This case is the latest to raise concerns around the Royal Sussex, which is separately subject to the Operation Bramber police investigation. Sussex Police is looking into up to 100 patients who had surgery at the hospital between 2015 and 2021, including around 40 deaths.

In two separate reports by the CQC and Royal College of Surgeons from earlier this year, University Hospitals Sussex was found to be ruled by a “culture of fear” with the need for urgent improvements highlighted in its leadership and support of staff.

The CQC report, from an inspection held in August 2023, also pointed to a “deterioration in the quality and safety of the medical care services” at the Royal Sussex.

University Hospitals Sussex’s maternity services are also subject to scrutiny, with nine families whose babies died due to failings in care between 2021 and 2023 recently uniting to call for a public inquiry into provision for expectant and new parents and babies within the Trust’s hospitals.

Nisha Sharma, principal lawyer and clinical negligence specialist at Slater and Gordon, is representing a number of people who have experienced poor standards of care at the Royal Sussex and wider Trust.

“This case again raises significant questions around the standards of treatment and care being offered at the Royal Sussex – it is absolutely shocking that the Trust has admitted that its own errors, failures and disagreements between surgeons have led to this very distressing situation around Mr Valder’s death,” says Nisha, herself a Brighton resident.

“There is understandably great concern within the Brighton community about this hospital, which local people and their families – myself included – rely on for treatment. The ongoing questions raised over the standards they are delivering is worrying indeed, and this case raises yet more.

“We are being appointed by increasing numbers of individuals and families who have suffered from poor care within this Trust, who want answers as to what happened to them and why. The fact that we continue to hear the same complaints and same failings is utterly unacceptable.

“We will continue to fight on behalf of our clients to achieve the resolution they deserve - but the Trust must take action to raise standards and make badly-needed change to ensure failings in cases like Mr Valder’s do not continue to happen.”