Mark Bowman was instructed by Rose,
with the benefit of legal expenses insurance, in connection
with a claim for compensation arising out of surgery to her neck
that took place in January 2007.
In July 2006, Rose noticed a small lump on the right side
of her neck. Six months later, the lump still remained and Rose
attended her GP who referred her to an ENT Surgeon.
Rose was examined by the ENT Surgeon 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.
Rose was referred to a radiologist, who performed an
ultrasound scan on 04 January 2007. The radiologist 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.
Rose was referred back to the ENT Surgeon, who,
though the tumour was almost certainly benign, recommended an
operation to remove the tumour.
Surgery was performed by the ENT Surgeon on 23 January
2007, during which he excised the right sub-mandibular gland. Rose
returned to see the surgeon one week later, and
he was alarmed to note that the initial lump still
remained.
The surgeon re-examined Rose 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, Rose 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, Rose 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 the radiologist
had been negligent in miss-reporting the initial ultrasound
scan.
A Letter of Claim was therefore served on the radiologist, who
however sought to blame the ENT Surgeon, 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 the ENT Surgeon, who
unsurprisingly sought to blame the radiologist for her error in
reporting the ultrasound scan.
Following discussions with both Defendants, the
radiologist'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 Rose could undergo any form of corrective
surgery to reduce her scarring, the claim settled in the sum of
£13,209. Rose did not pay any legal fees and received this sum
in full.
At the conclusion of her claim, Rose 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."
For further information or if you have
an ear, nose and throat (ENT)
negligence claim please call
Mark Bowman on 020 7861
4043 or email mark.bowman@ffw.com
You can discuss your ear, nose and throat (ENT) negligence claim with
any member of our
medical negligence team on
freephone 0800 358 3848, email personalinjury@ffw.com or
complete our short enquiry form.