ENT Surgery cases
Ms W v Mr T (1) & Mrs J (2)
Mark Bowman was instructed by Ms W, with the benefit of BTE
insurance, in connection with a claim for compensation arising out
of surgery to her neck that took place in January 2007.
In July 2006 Ms W noticed a small lump on the right side of her
neck. Six months later, the lump still remained and Ms W attended
her GP who referred her to an ENT Surgeon, Mr T. Ms W was examined
by Mr T who felt that the swelling was likely to be a lymph node,
but requested an ultrasound scan so as to see whether it was a
nodule in either the sub-mandibular or parotid gland.
Ms W was referred to a radiologist, Ms J, who performed an
ultrasound scan on 04 January 2007. Ms J reported that the scan
revealed a lesion of 3cm diameter in the sub-mandibular gland. A
biopsy was also performed which revealed a pleomorphic salivary
adenoma.
Ms W was referred back to Mr T who, though the tumour was almost
certainly benign, recommended an operation to remove the
tumour.
Surgery was performed by Mr T on 23 January 2007, during which
he excised the right sub-mandibular gland. Ms W returned to see Mr
T one week later, and Mr T was alarmed to note that the initial
lump still remained. Mr T re-examined Ms W and on palpating the
lump felt that it was most likely to be within the parotid gland
and not the sub-mandibular gland. He arranged for a repeat
ultrasound scan which confirmed his suspicion. As a result, Ms W
required a second operation on 06 March 2007 at which point the
tumour was removed from her parotid gland.
As a result of the above, Ms W required an extra surgical
procedure, and was left with a much more prominent scar towards the
front of her neck, as a result of the first procedure.
Expert opinion was sought from both a Consultant ENT Surgeon and
a Consultant Radiologist, both of whom felt that Ms J had been
negligent in miss-reporting the initial ultrasound scan. A Letter
of Claim was therefore served on Ms J, who however sought to blame
Mr T, alleging that he should have realised the lump was not in the
sub-mandibular gland, and therefore not performed the first
operation. A Letter of Claim was served on Mr T, who unsurprisingly
sought to blame Ms J for her error in reporting the ultrasound
scan.
Following discussions with both Defendants, Ms J's
representatives made an offer to settle the claim in the sum of
£5,000. Following discussions between the parties, and the
instruction of a plastic surgeon, to provide an opinion as to
whether Ms W could undergo any form of corrective surgery to reduce
her scarring, the claim settled in the sum of £13,209. Ms W did not
pay any legal fees and received this sum in full.
At the conclusion of her claim, Ms W said "I wanted to thank you for your kindness and your
patience. You treated me with a lot of respect and sensitivity and
explained every step clearly and thoughtfully. In fact, I think,
due to the way you handled my claim, the process I had dreaded was
actually quite cathartic"
V v The Royal Free Hospitals NHS Trust (2001) -
Transection of facial nerve during mastoid exploration - left sided
facial nerve palsy - unsuccessful attempt to re-graft nerve -
ongoing interference with eye closure, feeding, speaking, facial
expression and facial appearance - settlement £45,000
C v The Royal Free Hampstead NHS Trust (1999) -
Operation to drain sinuses - haemorrhage and decompression to right
orbit – loss of sight in right eye – emotional trauma – settlement
£320,000
Full case details
V v The Royal Free Hospitals NHS Trust
(2001)
Mr V, now aged 79, suffered from a cyst in his middle ear. On 6
April 1998, he had a mastoid exploration during which the surgeon
transected the facial nerve. This left Mr V with left-sided facial
nerve palsy. An attempt to regraft the nerve was made at the
original operation but was unsuccessful. The left facial weakness
caused severe interference with eye closure, feeding, speaking,
facial expression and facial appearance.
Liability was admitted in the defence, but there was a dispute
in relation to quantum which was resolved only shortly before the
trial.
The case was conducted by Paul McNeil and eventually settled in
the sum of £45,000.
C v The Royal Free Hampstead NHS Trust
(1999)
C was referred to the National Hospital by his GP, with a
history of severe frontal headaches and narrowing and blurred
vision. It was decided that the headaches were caused by his
sinuses and he underwent an operation to drain his sinuses at the
Royal National Throat, Nose and Ear Hospital. During the surgery,
there was difficulty with bleeding and following surgery, C was
re-admitted to theatre for re-exploration of the right orbit which
had haemorrhaged and decompressed. The haemorrhage was eventually
stemmed. Following surgery, C was blind in his right eye due to
damage to the optic nerve caused by the haemorrhage and
decompression. He already had poor vision in his left eye due to an
unrelated condition. C suffered emotional trauma as a result of his
loss of sight and was no longer able to work.
Paul McNeil settled the claim in the
sum of £320,000, plus costs.