£8,500 Damages for Undetected Lesion

25th September 2019 – Our client, Ms D, from Canterbury, instructed us to pursue a clinical negligence claim arising from an exploratory operation that she had at the William Harvey Hospital, Ashford, Kent in May 2017.

Ms D had been suffering with abdominal pain for a number of years. In June 2016, she underwent an ultrasound scan at the William Harvey Hospital which revealed an unexplained mass.

A repeat ultrasound scan was performed on 10.12.16, again confirming the same existence of a mass, the nature of which was unknown.

As a result, an MRI examination was performed on 26.01.17 which again identified the mass/lesion. As the result of the two ultrasound scans and the MRI scan, an exploratory laparoscopy was performed on 02.05.17.

Following the surgery, the treating Consultant indicated that there was no evidence of a lesion or mass. The post-operative plan was to discharge her from secondary care with the advice to see her GP if symptoms persisted.

Due to continuing symptoms, the Claimant decided to seek a second opinion from her country of origin – Bulgaria.

A pelvic ultrasound was performed in Bulgaria which again identified the lesion. A further laparoscopy was performed on 13.03.17 when the lesion was located and removed.

The allegations of negligence in the claim surrounded the failure to remove the lesion despite the fact that same had been identified on two prior ultrasound scans and on an MRI scan.

In addition, the Claimant’s case was that it was a further breach of duty to discharge a systematic patient without a histological diagnosis which excluded any malignancy.

A Letter of Claim was sent to the Defendant Trust. Liability was denied.

We obtained supportive gynaecological evidence which confirmed that the treating Consultant had been negligent.

A rebuttal letter was written to the Defendant Trust who then entered into negotiations in order to facilitate settlement of the claim.

Their starting negotiating point was £4,000. Settlement was ultimately achieved in the sum of £8,500.

Kate Kennell, Senior Solicitor at Fairweathers, who had conduct of the claim commented:
“I was surprised when the Defendant Trust chose to deny liability especially in light of two ultrasound scans and an MRI confirming the presence of a lesion. I am happy, however, that the case has ended in success for the client vindicating her claims of negligence on the part of the Defendant.”

If you or a member of your family believes you have a claim then please do not hesitate to phone us free on 0800 999 5585, request a call back or submit your case details.