Our Client, Mr H, attended his GP and the Dermatology Clinic at the QEQM numerous times with a suspicious skin lesion on his nose. A biopsy was taken, results of which showed actinic keratosis (a pre-invasive form of skin cancer). Unfortunately this did not pick up the squamous cell carcinoma (cancer) present and so it took 5 more months before Mr H was correctly diagnosed, in which time his cancer had progressed to stage 2.
Mr H underwent numerous surgeries and radiotherapy. He has been left with permanent disfiguring injuries and wears a prosthetic nose. In addition, the delay had an affect on the Claimant’s five year survival probability.
A case was brought against East Kent Hospitals University NHS Foundation Trust with regards to the biopsy which was inadequate and missed the invasive carcinoma which was likely there.
The Letter of Claim resulted in an admission of liability by the Defendant and an apology. However, the Trust reserved its position in relation to causation. We therefore obtained multiple causation reports from an oncologist, plastic surgeon and a psychiatrist. The Defendant made an offer to settle the case in the sum of £75,000, a counter offer in the sum of £90,000 was made and was accepted immediately.
Steve Evans, who had conduct of the claim, commented:
Mr H suffered terribly as a result of the sub-standard biopsy and endured multiple very painful surgeries which were a huge disruption to his life.
In order to properly quantify his claim it was necessary to obtain multiple medical reports. Interim payments were obtained from the Trust during this time to ease the financial pressure on Mr H and it is satisfying that his patience was rewarded with an appropriate final settlement.