Five-figure settlement obtained following delay in diagnosing oropharyngeal cancer

Penny Tilmouth, an Associate Solicitor in the Medical Negligence team at Ashtons Legal, has obtained a five-figure settlement for Mr D, who suffered a delay in diagnosis and treatment of oropharyngeal cancer.

Mr D first noticed a lump in the right side of his neck with a sore right ear and sore throat in early 2019. He saw his GP in March 2019 and was seen later the same day in A&E at the First Defendant Hospital by the on-call ENT doctor, who felt an enlarged lymph node on the right side and noted bleeding tonsils. Given Mr D’s family history of cancer and his significant recent weight loss, the doctor arranged for Mr D to be seen in the Head and Neck clinic within two weeks.

Eight days later, Mr D was seen in the ENT clinic. A CT scan was arranged and performed on 15 April 2019, and Mr D underwent a bilateral tonsillectomy and pharyngoscopy (direct examination of the throat) five days later. The tonsils were found to be enlarged, as was the right base of the tongue. Biopsies were taken and subsequently reported as showing no malignancy.

After a follow-up appointment a month later, Mr D was discharged with advice about signs and symptoms to watch out for and advised to contact the doctors should anything change.

In December 2019, Mr D returned to his GP complaining of pain in his right ear and right side of his neck, a persistent lump in his neck which had not gone away, and discomfort in swallowing. The GP made a routine ENT referral.

In February 2020, Mr D was seen in the ENT clinic at the Second Defendant Hospital after moving house. A tender, enlarged right-sided lymph node was felt and Mr D was booked for an urgent ultrasound scan to assess the lymph node.

In March 2020, Mr D underwent a US-guided biopsy of the abnormally enlarged lymph nodes in his neck. A sample was sent for cytology, and Mr D was subsequently informed there was no evidence of metastatic cancer.

In June 2020, Mr D attended A&E with increased swelling of the right-sided lymph node. A CT scan showed a necrotic lymph node and an abscess surrounding it. He underwent emergency surgery to drain the abscess, following which he required admission to ITU, where he was intubated for 24 hours. A week later, Mr D could be discharged home with oral antibiotics.

In August 2020, Mr D attended a follow-up appointment in the ENT clinic. The persistent swollen right-sided lymph node was noted. He underwent an ultrasound-guided core biopsy, and in September 2020, the histology was reported as showing squamous cell carcinoma. Mr D underwent radiotherapy and chemotherapy in October and November 2020 and was informed that his chance of cure was around 80-90%.

But for the delay in diagnosis, Mr D would still have undergone radiotherapy and chemotherapy but would have avoided continued pain and suffering from the Summer of 2019 until August 2020, during which time his undiagnosed cancer continued to grow. He would have avoided the week-long hospital admission in June 2020, emergency surgery and ITU admission, and he would have avoided the psychological symptoms resulting from the knowledge that his diagnosis was significantly delayed.

Having obtained supportive expert medical evidence from an ENT and Head & Neck Surgeon, potential claims were notified to both treating hospital Trusts, both of which eventually admitted liability and apologised for failing to provide Mr D with a timely diagnosis of squamous cell carcinoma, which led to delayed treatment and recovery. The parties then worked together to achieve a settlement of Mr D’s claim.

Penny Tilmouth commented: “I was pleased to represent Mr D in his claim and, after an initial denial of liability by both Defendant Trusts, to receive an acknowledgement from both Trusts that they were at fault and full and frank apologies for their failings, which was very important to my client. Whilst no amount of money can “undo” the unnecessary additional pain and suffering that he experienced, it helped to ease some initial financial concerns.”

Contact our medical negligence solicitors today

If you believe we can assist you when pursuing a Medical Negligence claim, don’t hesitate to get in touch with us at 0330 191 4835 or complete our online enquiry form.

Our experienced team of lawyers will be able to offer advice and guide you through every step of the claims process, and our in-house rehabilitation coordinators can help support you through your recovery.