MO –v- Royal Surrey County Hospital NHS Foundation Trust – case report

Thursday, 27 August 2015 16:35

The Claimant had developed left-sided facial pain and lump behind her left ear. Her dentist initially attributed this to jaw pain (“temperomandibular disorder”), but eventually she was referred to the Defendant Hospital. Following an ultrasound scan, a tumour was detected in the parotid gland (salivary gland).

The Claimant was referred to a Maxillofacial Consultant to undergo surgical removal of the tumour (“radical parotidectomy”).

During the procedure, the surgeon damaged the nerves which controlled the left side of the Claimant’s face. She was not warned of this possibility prior to surgery, and thus had not given informed consent to proceed.

Consequently, the Claimant had sustained a noticeable paralysis. She was aged just 28 years.

The Trust admitted liability for negligence and judgment was entered by the Court.

A payment on account of damages was obtained so that the Claimant could undergo psychological counselling to help her come to terms with what had happened. She also was then referred to a specialist Consultant Plastic Surgeon with a specialism in complex facial reanimation surgery.

After undergoing two very intricate and invasive operations, the Claimant’s facial nerve function was restored and she regained normal appearance and made a full recovery.

The claim settled through negotiation for £85,000 damages, plus legal costs.

If you would like assistance with a medical negligence claim, please contact Katie Nairne for free initial advice on 01454 619 619.

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