The Incident
Our client, a woman in her 60’s at the time of the incident, was referred urgently by her GP to the Soft Tissue Carcinoma Clinic at the defendant Trust due to concerns about a large lump on the back of her left leg. Initially suspected to be a sebaceous cyst, the GP referred her under the “two-week rule” due to the possibility of malignancy.
She underwent an ultrasound-guided biopsy, which revealed Merkel cell carcinoma, a rare but aggressive skin cancer. Within two months, she underwent a wide local excision of the lesion at Queen Victoria Hospital. Following surgery, she was advised to receive adjuvant radiotherapy as part of her treatment plan. However, due to delays caused by the COVID-19 pandemic, her radiotherapy was postponed for four months.
When the radiotherapy eventually commenced, it was delivered daily for just over two weeks. Unfortunately, the treatment targeted only the primary site and not the locoregional nodes in her groin. A CT scan conducted three months later revealed prominent left groin nodes. A subsequent serious incident investigation by the defendant Trust confirmed that the recurrence might have been prevented if radiotherapy had been delivered to the groin initially.
Shortly after the investigation, our client was informed that her Merkel cell carcinoma had returned and was present in her groin. She underwent a left groin dissection the following month, during which biopsies confirmed nodal involvement. She remained in the hospital for a week after the surgery.
Less than a month later, she returned to Queen Victoria Hospital due to an accumulation of seroma in her groin. She underwent urgent drainage and had the drain removed three weeks later.
Two days after the drain removal, she began additional radiotherapy. Within a month, she experienced skin breakdown at the surgical and radiotherapy site. Further complications arose, and two months later, she was diagnosed with stage 2 lymphoedema. This condition severely impacted her mobility and required her to wear a full-length compression stocking. She also experienced ongoing post-operative pain, loss of sensation, and swelling in her leg.
Almost three years after her initial referral, our client received a devastating diagnosis of high-grade serous cancer of tubo-ovarian origin. This ovarian cancer was deemed incurable, leaving her with a life expectancy of less than a year.
The Case
Seeking justice for the delay in her radiotherapy treatment, our client turned to Patient Claim Line for support. Solicitors Chris Marsden and Darren Tamplin-Compton, both experts in medical negligence claims, took on her case.
Their investigation revealed that while her first diagnosis of Merkel cell carcinoma significantly affected her quality of life, the negligent delay in providing adjuvant radiotherapy had a profound impact. Expert medical evidence confirmed that the recurrence in her groin could have been avoided if radiotherapy had been delivered correctly and on time.
However, the legal team also confirmed that her second cancer diagnosis—high-grade serous cancer of tubo-ovarian origin—was a separate, primary condition unrelated to her earlier diagnosis or the negligent care she received. As a result, the scope of future losses and general damages was adjusted to reflect her prognosis.
The Outcome
Despite the challenges posed by the case, Chris and Darren successfully negotiated a settlement of £34,000. This amount provided our client with financial security and the ability to create meaningful memories with her family. She planned to use the compensation for a holiday to Wales with her loved ones, cherishing her remaining time with them.
Reflecting on the case, Chris and Darren said:
“We were honoured to secure a settlement that enabled our client to enjoy her remaining time with her family and make the most of the life she had left. While no compensation can undo the pain and loss she experienced, we are glad it brought her some comfort and joy in her final months.”