A PRIVATELY funded investigation into the death of a Webheath woman has prompted the General Medical Council to reopen a case it originally threw out.

Calvin Tudor is prepared to lose his home in what he calls his "fight for justice" following the death of his wife Carol from bowel cancer in May 2002.

Alexandra Hospital chiefs have already admitted causing the death of Mrs Tudor, 50, who had been complaining of symptoms for more than two years.

Mother-of-two Mrs Tudor made several visits to the Alexandra between April 1999 and March 2002 and was diagnosed as suffering from irritable bowel syndrome.

It was only when she went private cancer was finally diagnosed, by which time it was terminal.

Calvin Tudor complained to Worcestershire Acute Hospitals NHS Trust, which runs the Alexandra, and reported Carol's consultant, Richard Tudor - who is no relation - to the GMC.

Initially, the complaint was ruled out by a medical screener who advised there were no grounds for discipline.

It was only after the Tudor family paid £1,400 for an independent expert report the GMC had a change of heart and has now agreed to refer the failed diagnosis to the preliminary proceedings committee, which will decide if the case should be considered by a full professional conduct hearing.

The solicitor acting for the Tudor family, Sarah Harman, criticised the GMC for refusing to take the case until the family had paid for their own investigation.

Ms Harman said: "It is the duty of the council to protect patients and if expert opinion is required to establish whether care is unacceptable, then the GMC should fund it. It's like the police refusing to investigate crimes unless victims first pay for private detectives."

Calvin Tudor and his lawyers have called for a mediation meeting with the hospital trust.

He wants to see the consultant called in, disciplined and monitored in the future.

"If the GMC throws the case out again, we will go to a judicial review," said Calvin Tudor.

"It will mean us re-mortgaging our home as it will cost thousands of pounds.

"We're not going to go away and if that means losing our home, then so be it.

"We want justice and if it gets to that stage, it will turn into a campaign. We will be fighting for our home as well. We will protest outside the hospital."

The Tudor family said they hoped the mediation would go some way to giving them closure and allow them to finally grieve for Carol.

A trust spokesman said: "We have not yet heard from the GMC but will, of course, co-operate fully with them.

"This matter has been investigated previously by both the trust and the GMC and no action was taken."

The GMC would not comment on the case.

Calvin Tudor