Clarkson Wright and Jakes Ltd Banner Image

Insights

£60,000 Damages for Negligently Performed Mastectomy

A woman who suffered complications after undergoing a mastectomy has achieved a settlement of her claim against the NHS trust that employed the surgeon who operated on her.

She was diagnosed with breast cancer and a mastectomy was recommended. She experienced a number of problems with the wound left by the operation, beginning with swelling and tightness, and later bleeding and infection. The wound took six months to heal and left an unsightly scar.

She also experienced pain and restricted movement in her neck and shoulder, for which she required physiotherapy, and suffered psychiatric injuries including anxiety and depression.

After she sought legal advice, it was discovered that the NHS trust had not carried out proper investigations when it recruited the surgeon, and that he had already been under investigation by the General Medical Council when he was recruited. He was subsequently struck off.

The NHS trust's initial offer of £25,000 to settle the claim was rejected, and following negotiations a settlement of £60,000 was agreed.