Clinical Negligence

Failure to remove tumour leads to a four year period of growth resulting in exacerbated symptoms and further surgery required

Specialist clinical negligence lawyer acting for the claimant successfully obtained an out-of court settlement of £8000 to compensate Ms P for the pain, suffering and loss of amenity she suffered as a result of the failings regarding a failure to correctly read and interpret a histology report following what should have been a minor procedure to remove a plemomorphic adenoma (a tumour in the parotid gland).

The case was brought by Mrs P, against the Queen Victoria Hospital NHS Foundation Trust.

Mrs P initially attended her GP in 2014 regarding a lump on the side of her neck. It was suspected that she had a benign tumour in the right parotid gland. It was agreed that she would undergo the excision of the adenoma. Following the procedure, Mrs P was informed that the surgery was successful and that the adenoma had been removed.

Over the following years, Mrs P noticed that the swelling was continuing and she was referred back to the Queen Victoria Hospital. The previous histology was reviewed and it was noted that this actually showed a reactive lymph node, not an adenoma.

Mrs P was informed that the original adenoma had not been removed in 2014 and that a lymph node had been removed in error. It transpired that the pathology report had not been interpreted correctly in 2014.

A claim was brought against the Queen Victoria Hospital NHS Foundation Trust for the failure to correctly read and interpret the histology report which allowed the adenoma to grow and increase significantly in size over a period of almost four years. That increase in size caused swelling, discomfort and psychological distress.

Mrs P had to undergo further surgery to remove the adenoma.

It was expected that an early admission of liability would be made based on the information within Mrs P’s contemporaneous medical records however no admissions were made. Therefore medical evidence was obtained from a maxillofacial expert who provided a report on both breach of duty and causation.

Following a period of negotiation, we were able to obtain an admission from the Queen Victoria Hospital NHS Foundation Trust and a settlement was negotiated shortly afterwards.

If you would like to ask Fiona Follis a question about a potential case, or if you have a general query about any clinical negligence matter, contact Thomson Snell & Passmore solicitors on 01892 510000 in confidence. We offer no win no fee agreements on the vast majority of our clinical negligence and personal injury cases.

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