Circumstances of claim
We represented a family in a tragic case of medical negligence, where surgeons failed to remove a cancerous tumour during an initial surgery. The tumour was left in place, necessitating a second surgery just eight days later. Following surgery two, the patient faced severe respiratory complications and was admitted to Intensive Care. Unfortunately, he developed post-operative respiratory failure and continued to deteriorate, ultimately passing away 56 days after surgery two.
The family pursued damages from the Health Board for the suffering endured by the patient during this critical period, as well as for the loss of their loved one.
How we helped our client
We engaged an expert surgeon and a consultant respiratory physician, who confirmed that the failure to remove the tumour during the first surgery fell below the expected standard of care. They concluded that, had the tumour been removed, the patient would have likely survived. Armed with this expert evidence, we pursued a claim against the Health Board on behalf of the family and on behalf of the executor of the patient.
While the Health Board accepted liability for the failure to remove the tumour, they contended that the patient would have died regardless, due to a post-operative complication that would have required surgery two. Our experts disagreed, arguing that the complication could have been managed conservatively, allowing the patient to recover and potentially avoid the second surgery or reduce its severity.
Settlement
Ultimately, we managed to negotiate settlement of the family members’ claims for just under £300,000, compensating them for the pain and suffering endured during the patient’s final weeks, for the loss of society caused by the death and for the funeral costs incurred.
