December 01, 2011
Client’s comment on Waldrons:
“I would very much like to thank Nicola Lewis of Waldrons Solicitors for dealing with my negligence claim, for the way it has been handled and the speedy service that has been given on this matter, everything has ran smoothly and efficiently from start to finish, kept me well informed, friendly and easy to speak to. I am well satisfied with the final outcome of the claim. I wish Nicola further success in her career with Waldrons Solicitors. Thanks again.”
Case note summary
The Claimant was 69 years old when, in August 2008, she was diagnosed as suffering from breast cancer and underwent what she thought was a full right-sided mastectomy. The operation was conducted by Mr Paterson at the Solihull Hospital in Birmingham. Following on from her surgery, the Claimant noticed that she still had some breast tissue on her right side. She spoke to a Breast Care Nurse about this, and was assured that this was a normal part of the procedure.
In April 2010, she received a letter from the Medical Director at the Heart of England and NHS Foundation Trust, which is responsible for the Solihull Hospital, the Heartlands Hospital, the Good Hope Hospital and the Birmingham Chest Clinic. The letter described how the Trust was reviewing its treatment of breast cancer patients and invited her to a review meeting on 21st April 2010.
At the review meeting, she met with Mr Balasubramanian (Mr Bala) who informed her that Mr Paterson had carried out a non-approved ‘Cleavage Sparing’ mastectomy, and that breast tissue had been wrongly left behind. The remaining tissue meant that the Claimant was still at risk of developing breast cancer, so she was offered regular monitoring and mammograms, or a further operation which would be a full mastectomy, to remove the remaining breast tissue.
Although she chose to have the mastectomy completed in July 2010, the Claimant remained upset and anxious about the treatment and care of her breast cancer. The Claimant instructed us to pursue a claim for compensation against the Trust, and she received £20,000 compensation for what she had been through. The Trust had commenced an investigation into the operations completed by Mr Ian Paterson, and after a recall of some of his patients, he was suspended from completing further mastectomies. In addition to working at NHS Hospitals, Mr Paterson had also been completing the non-approved mastectomies at private hospitals, including the Spire Little Aston and Spire Parkway Hospitals in Birmingham.
Date of Settlement: October 2011
Claimant’s Solicitor:
Nicola Lewis is Head of Clinical Negligence at Waldrons Solicitors, Wychbury Court, Two Woods Lane, Brierley Hill, West Midlands, DY5 1TA. Nicola is a member of the Law Society’s Clinical Negligence Panel and of the Association of Personal Injury Lawyers. She has extensive experience in Clinical Negligence claims and is currently dealing with a large number of claims against Mr Paterson following the completion of cleavage sparing mastectomies. Nicola has is happy to meet clients at their home should this be convenient.
Background
21st August 2008
The Claimant underwent surgery at the Solihull Hospital in the West Midlands following the development of breast cancer. She had what she thought to be a full right-sided mastectomy completed by Mr Paterson. Following surgery, she noticed that she still had some breast tissue on her right side, but was advised by Breast Care Nurses that this was normal and was nothing to worry about.
6th April 2010
The Claimant was recalled to the hospital to see Mr Balasubramanian (Mr Bala). Mr Bala told her that she had actually undergone a non-approved ‘cleavage sparing’ mastectomy and that breast tissue had been left behind, thereby leaving the risk of breast cancer recurring. She was offered either regular monitoring and mammograms or a full mastectomy to remove the residual tissue.
12th July 2010
The Claimant had a mastectomy at the Solihull Hospital to remove the remaining breast tissue.
January 2011
The Claimant instructed Nicola Lewis of Waldrons Solicitors to investigate a claim for compensation. Enquiries were started as to the best method of funding the Claimant’s claim for compensation.
May 2011
Waldrons made initial contact with the Heart of England and NHS Foundation Trust to inform them that the Claimant was investigating a claim for compensation in connection with Mr Paterson
July 2011
The Heart of England and NHS Foundation Trust sent a full and frank letter of apology to the Claimant. The Trust also admitted that the ‘cleavage sparing’ mastectomies were unreasonably carried out by Mr Paterson, and that this represented a breach of duty. The Trust made an offer of £12,500 to settle the claim for compensation.
August 2011
The Claimant spoke at some length with Nicola Lewis about the value of her claim and decided that although she had suffered emotionally because of what she had been through she would prefer to settle her claim quickly so that she could try and put things behind her. The alternative was for the Claimant to obtain independent expert evidence including a report from a Consultant Psychiatrist to assess the level of injury that the Claimant had suffered.
Nicola valued the Claimant’s claim based on other similar cases and also taking into account any past and future losses (examples of these can be care costs, travel expenses, costs of medical treatments and loss of earnings). An offer of £25,000 was made to the Trust.
September 2011
The Trust made a counter-offer of £15,000 to the Claimant, to which she replied with an offer of £20,000. The Trust accepted this offer a month later, and the Claimant was provided with a cheque for her compensation in October 2011, nine months after first seeking legal advice.
About Us
With offices in Walsall, Brierley Hill, Tipton, Dudley, Kingswinford and Worcester, Waldrons are one of the few Midlands’ firms who are able to offer Legal Aid for Clinical Negligence claims. Waldrons’ specialist Clinical Negligence department deals with all types of clinical and medical negligence, and offer home appointments where appropriate.
