Person Pursues Successful Claim For Negligent Failure To Undertake Vital Biopsy

Nelsons were recently instructed to pursue a clinical negligence claim on behalf of a female client against Newcastle upon Tyne Hospitals NHS Foundation Trust.


Our client was referred by her GP in 2019 to the Newcastle upon Tyne Hospitals NHS Foundation Trust’s gynaecology assessment unit surgical team following the development of an umbilical hernia.

During assessments, our client was found to have a mass in her pelvic/abdominal area and a plan was made for CT scan and blood samples.

Tumour markers were normal, but CT confirmed a large cyst.

The plan was for elective surgery for midline laparotomy, washings, left salpingo-oophorectomy and repair of the umbilical hernia. The surgeon also explained to our client that biopsies would need to be taken during the course of the surgery to rule out potential malignancy.

Our client underwent the operation in August 2019.

However, the surgeon subsequently realised that she had failed to take a necessary omental biopsy during the surgery. Therefore, tumour staging was incomplete.

Our client was informed of this failure during a follow-up appointment.

This resulted in our client having to undergo further surgery for the omental biopsy. She, therefore, suffered unnecessary further surgery, pain and suffering and a period of further recovery which would have been avoided but for negligence.

newcastle tyne hospitals nhs
Danielle Young

Negligence claim

Our client instructed Danielle Young, Senior Associate and Solicitor in our specialist Medical Negligence team, in June 2020 to pursue a claim on her behalf for the negligent treatment provided to her.

The Trust admitted that there had been a negligent failure to take the necessary omental biopsy resulting in pain and suffering for our client and the need for further otherwise avoidable surgery. Settlement negotiations commenced and our client accepted an out of Court settlement of a four-figure sum of compensation.

At the conclusion of her claim, our client provided feedback on her experience instructing us:

“I couldn’t be happier with the service provided by Nelsons.”

If you have been affected by this story or have concerns about the medical treatment you or a loved one has received, please do not hesitate to contact a member of our specialist team for advice on 0800 024 1976 or via our online enquiry form.