Summary
A clinical negligence claim brought by the Claimant for damages following substandard surgical care during a surgery to remove a tumour called a pleomorphic adenoma in 1994. The Claimant claimed for the failure to advise of the risks of surgery, allowing her to make an informed decision. Secondly, she claimed for the failure by the Defendant to perform an open surgery which would have allowed for complete removal of the tumour.
Settlement
The claim settled at mediation for £425,000.
What Happened
In 1992, the Claimant who was then aged 13 years old, was referred to a Consultant Facial Surgeon (the Defendant) to investigate a small lump on her left cheek. The Defendant determined that it was either a small lymph node or a tumour in one of the salivary glands.
In 1994, the Claimant underwent a removal of the tumour from her saliva gland. The post-operative report confirmed the diagnosis of a tumour and that this had been completely removed.
In 2008, the Claimant noticed a small lesion on her left cheek, and she was referred to a Maxillofacial Department surgeon. In 2009, tests revealed that the tumour had returned to the saliva gland. The Claimant subsequently had her parotid salivary gland removed.
Following this surgery, the Claimant developed facial weakness and Frey’s syndrome. She had further surgery to remove recurrent tumours in 2013 and 2017, followed by radiotherapy.
The Claimant experiences severe head and neck pain, recurrent facial palsy and Frey’s syndrome, a rare neurological disorder that causes a person to sweat excessively while eating. She also suffered from other problems with the blood supply to her head.
The Claim
We requested the Claimant’s medical records and reviewed these extensively before instructing a medical expert to prepare a report commenting on her condition and Prognosis. We then issued the claim at Court and served very detailed Particulars of Claim, outlining multiple allegations of negligence.
The Defendant denied liability and raised the defence of limitation, meaning that they believed we were out of time in which to bring a claim.
We then exchanged expert evidence and the Defendant subsequently withdrew their defence of limitation. Shortly after this, the Defendant admitted liability and on 24 September 2021 we attended mediation and were able to settle the claim for £425,000.
The Claimant was extremely grateful for all our hard work and the settlement will now allow her to move on with her life.
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