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Case Study

£80,000 compensation for 16 month delay in diagnosing cystic adnexal carcinoma in a 65 year old lady

Paul McNeil was instructed by Patricia Day in a claim against Royal Free London NHS Foundation Trust for the failure to diagnose cystic adnexal carcinoma of her right cheek in October 2011.

Mrs Day was referred to Chase Farm Hospital on 19 July 2011 by her GP. She had swelling on the right side of her nose which had been present for 21 years, but had recently increased in size and become tender. An urgent punch biopsy was arranged and carried out on 25 October 2011.

The biopsy was negligently reported concluding that the swelling was a benign adnexal neoplasm.

Mrs Day was put on the waiting list to undergo an excision of the benign adnexal neoplasm with reconstruction using a local rotational flap. The surgery was scheduled more than a year later on 14 February 2013. During the surgery the plan was changed and the doctor took biopsies of the right cheek instead.

The results confirmed a malignant adnexal tumour on 25 February 2013.

The negligence resulted in a delay in diagnosing the carcinoma for 16 months during which period the tumour grew. Mrs Day had to undergo more intensive and invasive surgery to remove the carcinoma.

It was Mrs Day's case that with earlier diagnosis she would have undergone MOHs surgery under local anaesthetic, reconstruction is likely to have been with a nasolabial flap which would have provided a much better aesthetic outcome.

Mrs Day suffered facial nerve injury during the procedure as a result of which she now dribbles and is unable to drink directly from a cup. Mrs Day is unable to close her right eye and it is always sore and dry. She also experiences numbness in her right cheek and upper lip.

Paul McNeil settled the claim through mediation on 23 January 2018 in the sum of £80,000.

Contact us

For further information about delayed cancer diagnosis claims and clinical negligence claims, please call Paul McNeil on 020 7861 4019 or email


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