Law change call over hospital's error

A surgeon failed to spot Mr Meaney's cancer

A coroner has called for a change in the law which stopped an inquest finding a hospital negligent.

Coventry coroner David Sarginson condemned the city's Walsgrave Hospital for "gross failures" after it failed to spot a patient's cancer early enough to save him.

Retired publican Colin Meaney, 64, of Daventry Road, Coventry, died in the hospital after developing a growth in his colon.

Mr Sarginson said the jury's verdict of accidental death did not "fully reflect" the shortcomings of the hospital.

We are stuck with the old system. It is not what we need in the 21st century. it does not serve any purpose.

Coroner David Sarginson

He said the jury was not allowed to find the hospital negligent because two experts had testified there was no clear link between the delay in the diagnosis and Mr Meaney's death.

He said: "I fully appreciate the verdict does not reflect fully what has happened.

"We are stuck with the old system, it is not what we need in the 21st century. It does not serve any purpose."

Outside the court, Mr Meaney's family said they planned to sue the hospital and take the matter to the General Medical Council.

The inquest heard Mr Meaney was admitted to Walsgrave on 18 December 2001 with a suspected hernia problem.

Mr Sarginson said the surgeon, Dr Emanuel Agaba, should have spotted the cancer but failed to do so.

The mistake was compounded by nursing staff who eventually discharged Mr Meaney on Christmas Eve, only for him to be readmitted three days later in agony.

'Gross failure'

A second operation discovered the cancer but Mr Meaney died on 11 January.

Mr Sarginson told the jury: "There was a gross failure to procure medical provision for this patient in hospital.

"Dr Agaba's working diagnosis was incorrect. I would venture to say to you that that was a gross failure."

The Walsgrave Hospital offered its condolences to Mr Meaney's family.

But a spokesman said there were no plans to conduct an inquiry into the surgeon's performance or that of his colleague, consultant Daniel Higman.