§ PUBLISHED JUDGMENT · 2017

Muller v King's College Hospital NHS Foundation Trust

[2017] EWHC 128 (QB)·High Court (Queen's Bench Division)·1 February 2017

A biopsy of a non-healing foot wound was reported by a histopathologist as scar tissue when it was in fact melanoma. The judge held the signs of malignancy were plain on the slides and found the Trust liable, but awarded only £16,500 because the cancer had probably already metastasised.

Outcome

Claimant succeeded

Sum stated in judgment

£16,500

Claim type

Cancer Misdiagnosis & Delayed Diagnosis

Decided

Liability and damages decided at trial

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§ WHAT HAPPENED

The facts, in brief.

Defendant: King's College Hospital NHS Foundation Trust · this trust’s claims data

Injury: Acral lentiginous melanoma of the foot misreported as a benign ulcer, delaying diagnosis by about eight months

Specialty: Histopathology / dermatology · England

§ WHAT THE COURT SAID

In the judgment’s own words.

“It follows that the total award of damages is £16,500.”
[2017] EWHC 128 (QB) at [145] · read the full judgment

The money

£12,000 pain, suffering and loss of amenity, £500 expenses, £4,000 loss of earnings; total £16,500. The judge found the melanoma had probably already spread before the misreport, limiting recoverable loss.

§ WHY IT MATTERS

What this case shows.

A misread biopsy can be negligent even though pathology involves judgement. Damages depend on what the delay actually changed, which can be modest where the disease had already spread.

About cancer misdiagnosis & delayed diagnosis claims →

§ MORE CANCER MISDIAGNOSIS & DELAYED DIAGNOSIS JUDGMENTS

Claimant succeeded

Wilma Agnes Cullen v Dr Ruth Henniker-Major

[2024] EWHC 2809 (KB)·2024·Damages assessed at trial

A GP saw Ms Cullen three times over five weeks with a persistent cough, sore throat and tiredness but did not make an urgent cancer referral; her laryngeal cancer was diagnosed at stage III about three months later. Liability was admitted, and the trial dealt with disputed care costs and the defendant's allegation that she had been fundamentally dishonest, which the judge rejected.

A delayed cancer referral claim turns on what extra treatment the delay caused; here the admitted delay meant chemotherapy, a total laryngectomy and neck dissections that earlier diagnosis would have avoided. Social media posts relied on to allege dishonesty were found not to contradict her evidence.

Claimant succeeded

Cripps v Norfolk and Norwich University Hospitals NHS Foundation Trust

[2024] EWHC 615 (KB)·2024·Damages assessed at trial

The trust admitted that a misreported smear delayed the diagnosis of cervical cancer, and the claimant, who lost her fertility through treatment, asked for a further interim payment to fund surrogacy abroad. The judge refused because the evidence was not yet complete enough to be confident a trial judge would allow that cost.

Even with liability admitted, an interim payment will only be ordered for sums the court is confident will be recovered at trial. Whether overseas surrogacy costs are recoverable depends on a reasonableness test decided on full evidence.

Claimant succeeded

Shaw v Maguire

[2023] EWHC 2155 (KB)·2023·Liability decided at trial

A skin sample taken in 2007 was reported as benign but in fact showed melanoma, which was only picked up in 2009 and caused the patient's death in 2014. His widow issued proceedings over five years late after her first solicitors let the case drift, and the court allowed the claim to proceed.

The clock can start later than the mistake itself, because it only runs once you know the injury is serious. Delay caused by former solicitors rather than by the claimant is far less likely to defeat a late claim, especially where the original slides and reports survive.

All cancer misdiagnosis & delayed diagnosis judgments →

Contains information licensed under the Open Justice - Licence v2.0. Judgments from Find Case Law, The National Archives. Summaries are ours; amounts only where printed in the judgment.

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