Muller v King's College Hospital NHS Foundation Trust
[2017] EWHC 128 (QB)·2017·Liability and damages decided at trial
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.
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.