Boyes Turner’s cancer claims solicitors secured a £165,000 compensation settlement for a patient who suffered avoidable injury and disability from hospital delays in the diagnosis and treatment of buccal mucosa cancer. The out-of-court settlement followed an earlier admission of liability by the defendant NHS trust, which also made a formal apology to our client. Failure to act on specialist histopathologist’s recommendation for MDT review Our client was referred by his GP to the hospital’s oral and maxillofacial surgery department after noticing a lump in his mouth on the inside of his cheek. He was noted to have a soft 1.5cm polyp and a biopsy revealed atypical features, which could possibly be verrucous carcinoma (cancer). A histopathologist at a more specialist hospital was asked to advise. The histopathologist recommended that, given the difficulty in classifying the sample, our client’s histology, clinical and radiological findings should be reviewed at the hospital’s head and neck multidisciplinary team (MDT) meeting. However, the MDT review did not take place and our client was told that the lump was a non-cancerous wart caused by an injury to his inner cheek from a sharp tooth. He was discharged from the hospital. Delayed diagnosis leads to avoidable injuries from extensive surgery and radiotherapy treatment A year and a half later, his dentist referred him back to the hospital’s maxillofacial department urgently with suspected cancer after he developed swelling in his gum. A biopsy revealed squamous cell carcinoma and MRI and CT scans revealed a large right mandibular (jawbone) tumour extending into the right cheek, the tonsil-to-tongue area and floor of his mouth, with metastatic spread to the nodes. He was referred to a specialist hospital, where he needed extensive surgery to remove the tumour and reconstruct part of his jawbone using bone and tissue grafts from his shoulder, and adjuvant radiotherapy. The extensive surgery and radiotherapy that was needed to treat the advanced cancer caused our client to suffer additional injury and disability, which would have been avoided if he had received correct and timely diagnosis and care. These avoidable injuries included trismus (tightening of the jaw and inability to open his mouth), numbness, tiredness, weight loss, problems with secretions and a restricted diet, and permanent disability from facial disfigurement, partial facial palsy, inability to fully close his lips, impaired speech and swallowing, tinnitus, neuropathic and musculoskeletal pain, and psychological injury. He has an increased risk of developing significant secondary complications and may require speech and language therapy, physiotherapy and assistance with care in future. Claim leads to admission of liability, apology and compensation We pursued a claim against the NHS trust for compensation for our client for the additional injury that was caused by the hospital’s negligent delay in diagnosing and treating his buccal mucosa cancer. The claim was supported by our medical experts’ opinions that the hospital medical staff had negligently failed to act on the histopathologist’s recommendation that our client’s histology, clinical and radiological findings should be reviewed at the head and neck MDT meeting, and that with correct care, after MDT review, our client would have received an ultrasound scan, close clinical follow-up and a repeat biopsy, which would have led to a diagnosis of squamous cell carcinoma a year and a half sooner. The tumour would have been less advanced and would have been treated with less extensive surgery. Radiotherapy would not have been needed. The defendant NHS trust responded to the claim with an admission of liability and made a formal apology to our client. Following settlement negotiations, our client accepted a compensation settlement of £165,000. See more detailed information about the liability aspects of the case. If you or a family member have suffered severe injury as a result of medical negligence or have been contacted by HSSIB/MNSI or NHS Resolution you can talk to a solicitor, free and confidentially, for advice about how to respond or make a claim by contacting us.
