Our client was admitted to Ninewells Hospital in Dundee on 1 December 2017 for surgical excision of two areas of basel cell carcinoma.
At the time of the surgery and until clinic appointment on 9 January 2018, our client believed the surgery was satisfactory. As a result of his nose not healing, our client sought advice from their GP who arranged a further appointment with the surgeon at the hospital. Unfortunately, at this appointment, our client was advised that there was an error or mix up of specimens which resulted in the surgeon not removing enough tissue from his nose to excise the cancer. Understandably, our client was very distressed and concerned. Since this error, our client suffered from increased stress and anxiety.
How we helped our client
We intimated our client's claim to the Health Board, who passed to their legal advisors to investigate the claim.
Following a period of investigation, the solicitors for the Health Board responded to confirm that it was accepted that the sample taken from our client's nose was mixed up with the sample from another patient. However, fortunately, the error did not in any way affect the prognosis for our client, and the cancer was successfully treated.
Due to the above circumstances, the Health Board's legal advisors put forward an offer of £2,500 in settlement of the distress the mix up caused our client without the requirement for any further medical evidence.
After discussing the matter with our client we agreed that this was on the low side, and returned to the Defender's solicitors with a counter offer.
After negotiation, the matter settled in the sum of £4,000.