Debbie Westwick from Canterbury who has terminal cancer

by Gerry Warren

gwarren@thekmgroup.co.uk

A cancer sufferer has still not received an apology from the doctor whose failures left her facing a death sentence.

But this week terminally-ill Debbie Westwick did have the satisfaction of seeing him found responsible for ‘serious misconduct’ by a medical fitness to practise panel.

The Medical Practitioners Tribunal Service ruled that consultant oncologist Dr Howard Smedley gave the 49-year-old former nurse the wrong treatment.

She was diagnosed with a breast tumour in 2006 but he prescribed chemotherapy and radiotherapy during consultations at Kent and Canterbury Hospital, instead of the recommended mastectomy.

Mrs Westwick, from Harbledown in Canterbury, is now racked with pain and has been told she will die.

But she may have had a better chance of surviving had she received the appropriate operation.

Speaking today, she said: “I am relieved that the complaints procedure is over but I have no particular sense of triumph as the errors have cost me my life.

“I have still had no apology from Dr Smedley or either health trusts, both of which were very poor in the handling of my complaint.

“The whole process has been extremely arduous and protracted, with very little consideration given by General Medical Council to the fact that the metastatic cancer in my spine can be excruciating and that being terminally ill, I tire quite quickly."

Because Dr Smedley admitted his failures, Mrs Westwick was not required to give evidence.

The fitness to practise panel chairwoman Kathryn Whitehall said: “Taking into account all the facts admitted and proved, the panel has determined that Dr Smedley’s actions amounted to serious misconduct.

“It involved a significant failure to follow established guidelines in relation to the treatment of breast cancer.

“Although this was one episode of misconduct, it was protracted."

He admitted failing to adequately assess Mrs Westwick’s condition, provide effective treatment based on the best available evidence and obtain her properly informed consent to the treatment provided.

Dr Smedley, who founded the cancer charity Odyssey, is now retired from practice.

But the panel will also decide what sanctions, if any, they will impose.
At the time he was treating Mrs Westwick, he was employed by the Maidstone and Tunbridge Wells NHS Trust where cancer services are based but was working at hospitals across county including the K&C.

The MTW NHS Trust carried out an investigation into her concerns when she lodged a complaint about her treatment nearly three years ago but decided not to take any action against Dr Smedley, despite him already being the subject of ‘supervision undertakings’ by the General Medical Council at the time.

Mrs Westwick then took legal action which resulted in her receiving a joint out-of-court settlement of £155,000 from the hospital trusts, although they did not admit liability.