Abstract
Facts
On 21 May 2008 the Claimant had a dermatofibroma (benign tumour) removed from her left thigh at Barnet Hospital. Histopathological examination of the dermatofibroma raised the possibility of a dermatofibrosarcoma protuberans (a rare form of skin cancer) and re-excision was recommended.
As the Claimant had relocated to Dorset, she was referred to the Defendant Hospital where she was told she would require a 3 cm wide excision with a transposition flap, which would leave a neat line on her thigh. The Claimant's test results were not obtained from Barnet Hospital and she did not undergo any further tests or investigations to check the pathology of the tumour prior to excision.
The Claimant underwent the excision surgery on 9 July 2008, during which the wound was closed by way of a bi-lobed flap, not a transposition flap. The Claimant experienced problems with wound healing and lymphoedema for a number of months, and has been left with a large conspicuous scar; the scar covers the front of the Claimant's left thigh and has a total scar length of 60 cm; consisting of a straight line, a ‘V’ shape and a ‘U’ shape. The Claimant was also advised that the tumour was not a dermatofibrosarcoma protuberans and was in fact a dermatofibroma.
Liability
Medical evidence was obtained from a Consultant Plastic Surgeon.
There was a failure to obtain histopathology results and/or the pathology slides from Barnet Hospital, which ultimately resulted in an excessive excision of 3 cm and formation of a bi-lobed flap based on the belief that the tumour was a dermatofibrosarcoma protuberans.
Liability was admitted during the Pre-Action Protocol period.
Quantum
The Claimant underwent an unnecessary radical excision operation which resulted in a large, conspicuous and irregular scar with a total length of 60 cm, and some surrounding numbness to the skin, both of which are permanent. Had the correct investigations and correct surgical procedure been carried out, the Claimant would have had 1 cm excised, leaving a small linear scar with a maximum length of 10 cm.
The Claimant suffered depression due to the severity of the scarring and also as a result of poor post-operative management, and the incorrect belief that she had skin cancer; had the Claimant undergone the correct treatment, she would have only had a 10% risk of being psychologically affected.
Global damages were agreed, following negotiations, at £40,000.00 without a formal breakdown. It is estimated that £34,000.00 reflects PSLA with £6,000.00 towards the Claimant's past losses; £1,500 loss of earnings, £2,000 care and assistance, £500 travel, £1,500 medical costs, £500 miscellaneous.