£50,000 settlement for clinical negligence – claim for breach of duty of care by a GP
Our client vs a Derbyshire GP
Year of incident: 2020
Date of Settlement: 2024
Acting: Millie Bolsover, clinical negligence executive at Wake Smith Solicitor
Facts:
In summary, the 49-year-old female Claimant attended her GP in June 2013 with a growing mole on her right shin. It was documented and she was referred to Dermatology in September where it was excised in the minor operations clinic, in December 2013. The histology reported it as a benign compound melanocytic naevus, with no evidence of malignancy. She was discharged back to the care of her GP.
In November 2016 as the mole had grown back, an excision took place on 13 March 2017 by the GP; it was curetted off and cauterised. No further action was taken, nor were any samples sent off.
In September 2020, the Claimant noticed the lesion was slowly growing back and was itchy, swollen and was visible through clothing. Her GP referred her back to Dermatology. The records note that it was queried by the Skin Cancer Nurse Specialist on 11 October 2020 whether the excised sample from 2017 had been sent for testing, as there were no available results on ICE. An excision of the lesion to her right shin took place on 27 October 2020. This histology report confirmed the overall appearance was interpreted as an invasive malignant melanoma.
On 09 November 2020 a Skin Cancer Nurse Specialist told the Claimant the lesion was a malignant melanoma. She was referred to hospital on 30 November 2020 and on 08 December 2020 had a 16mm melanomic site right lower sentinel lymph node sampling with matriderm and split skin graft reconstruction. It was agreed her staging scans would be reviewed pre-op, and the risks of the procedure were explained on the telephone on 9 December 2020.
The surgery took place on 7 January 2021, and subsequent histology of 25 January 2021 reported no residual malignant melanoma, and no evidence of metastasis.
The Claimant continues to attend regular check-ups, which have all been clear to date.
Consequences:
As a result, the client suffered the following injuries/consequences:
- A three year delay in diagnosis of malignant melanoma
- Pain, suffering and loss of amenity
- Avoidable procedures under both local and general anaesthetic
- Psychiatric injury in the form of a generalised anxiety disorder and episodic panic disorder
- Lymphedema
- Exacerbated scarring
It was the Claimant’s case that had the excised sample from 2017 been sent for testing, our client would have avoided the consequences in their entirety.
Expert evidence:
We instructed experts to prepare reports for the client in the disciplines of:
- Dermatohistopathology
- Dermatology
- Plastic Surgery
- Psychiatry
Admission of liability:
The GP settled the case, accepting liability.
The GP admitted:
- Fault for failing to send the sample excised on 13 March 2017 for histopathological assessment, and that had they done so, on balance of probabilities, histopathological analysis would have identified and led to diagnosis of a malignant melanoma.
- She admitted the above, on the balance of probabilities, would have avoided the recurrent growth of the lesion in 2020, the excision of 27 October 2020 and the wide excision and sentinel lymph node sampling with matriderm and split skin graft reconstruction of 7 January 2021. All subsequent follow-ups and wound checks would have also been avoided.
The settlement figure reflected this.
The Proceedings:
Settled out of court.
Settlement:
The claim settled for a value of £50,000.
Client Feedback
Excellent. Very professional. Millie Bolsover was with me every step and I’m very thankful for her guidance and hard work to accomplish a successful outcome. Very understanding and transparent throughout the process of my claim for medical negligence. These solicitors I would highly recommend. Thank you.
We have a wealth of experience in resolving disputes for those who have misdiagnosis or breach of duty of care from Private or NHS treatment including:
- Misdiagnosis / Misprescription /Medication error
- GP Negligence
- Breach of duty of care
- Birth & Gynaecological Injuries
- Surgical Error (Including Cosmetic Surgery)
- Fatal Accidents and Inquests
- Sepsis
- A&E Claims
For further information, or for specific advice please contact our leading clinical and medical negligence team on 0114 266 6660.