£75,000 in Damages for Head and Neck Cancer Fatality

8th February 2023 – Our client Mr J instructed this firm as Executor of the Estate of the deceased who sadly died from head and neck cancer in 2019.

The deceased had been under the care of East Kent Hospitals University NHS Foundation Trust, notably ENT Consultants Mr Balfour and Mr Padgham.

Unfortunately the deceased’s cancer was diagnosed very late on when it was stage T4N2bM0.

Following his death the family decided to instruct this firm to investigate whether the deceased should have been diagnosed earlier.

After instructing experts in the fields of ENT, oncology and radiology a Letter of Claim was sent to East Kent Hospitals University NHS Foundation Trust alleging negligence in the failure of the ENT team to obtain a full history, a failure to perform panendoscopy and failing to suspect cancer. It was alleged that, but for these errors, the diagnosis would have been made when the cancer was T1/2 and treatment would have been curative. The claim was denied pre action and proceedings had to be issued against the Trust. Within its Defence the Hospital Trust maintained its denial of liability but sensibly accepted an offer of mediation.

Thereafter the Trust proactively entered into meaningful negotiations which resulted in an exchange of offers and eventual settlement of the case in the sum of £75,000 without the need for a mediation meeting.

Steve Evans, senior clinical negligence solicitor with conduct of the case commented: “This was a very emotive case because the deceased left behind two daughters who were deeply affected by what happened. Whilst the case settled in the early stages of litigation it is a pity that the Trust did not adopt a more realistic approach from the outset. I am glad the family has been able to achieve closure and wish them all the best in the future.”


If you or your family need the assistance of an experienced team of Clinical Negligence Solicitors surrounding an inquest or civil claim then please do not hesitate to phone us free on 0800 999 5585, request a call back or submit your case details.