Rotherham family feel mistakes of NHS consultant

Wake Smith Solicitors 13 May 2009

The widow of a Rotherham man let down by an NHS consultant has spoken out against the treatment her husband received during a four year ordeal in the quest for the right diagnosis.

Ian Rodgers, a former communications operator for South Yorkshire Police, believed that an NHS ENT( Ear Nose and Throat) consultant, Mr J M Lancer, had dismissed his symptoms and failed to carry out vital scans. Unfortunately, his family believes that Ian was proved right; after a painful battle with cancer Ian sadly passed away in January this year at the age of 50.

Ian, from Rotherham, first noticed the left side of his face start to droop in early 2005. Initially diagnosed with a benign condition known as Bell's Palsy and reassured by the treating consultant, Ian began a long and painful battle to eventually discover a cancerous tumour, described to be the size of a table tennis ball, on his parotid gland.

Displeased with the treatment he had received at Rotherham General Hospital, Ian decided to seek legal advice from Sheffield solicitors Wake Smith & Tofields. Unfortunately before the case was resolved, Ian passed away. Determined to continue the fight, his widow continued the legal proceedings:

"Ian was a very determined man throughout the whole ordeal, but the process slowly began to take its toll. Ian was eventually diagnosed with a parotid gland tumour which required extensive surgery and he was understandably very distressed with the effects of the surgery on his facial appearance.

"Whilst we understand that Ian's cancer was very advanced and is no-one's fault, as a family we do not accept that Mr Lancer couldn't have offered the right scans earlier on. At a time when he was already unwell, Ian had to search out his own diagnosis and I have no doubt that this had a detrimental effect on his health. Had the tumour been spotted sooner, Ian could have been saved a lot of pain and discomfort. But most importantly, he could have had more quality time with his family."

Ian Rodger's family have now been awarded compensation through the claim against Rotherham Hospitals NHS Foundation Trust, which has admitted liability on behalf of Mr Lancer in the case.

Terry Regan, partner in the Patient Rights and Healthcare department at Wake Smith & Tofields said: "Ian suffered from an advanced aggressive tumour which could and should have been spotted sooner. In this instance a quicker and far less detailed imaging option was used to examine Ian's parotid gland. This failed to spot the tumour and led to a delay in performing the crucial MRI scan. Had an MRI scan taken place earlier, then our expert evidence was that Ian could have been saved a lot of pain and discomfort throughout the last few years of his life.

"Ian was determined to get justice and raise awareness on his case - he was adamant that the medical team were missing something and his determination eventually led to the correct diagnosis. The NHS performs an invaluable service, and Ian was extremely grateful for the subsequent support that he received, but sadly in this particular case the diagnosis was made too late. If Mr Lancer had gone the extra mile and investigated Ian's symptoms in more detail, his condition would have been correctly diagnosed and treated sooner.

"After a lengthy legal battle, the NHS admitted that they should have performed an MRI scan but, no amount of financial compensation can ever replace what has been lost."

Mr Rodgers was first seen by Mr Lancer in September 2005. An MRI scan at that time would have identified the tumour but it was not until some nine months later on 16 May 2006, that the actual diagnosis was made.

Terry added: "Ian's persistence eventually led him to Hope Hospital in Salford through a referral from his GP which he had requested himself. Here Ian was correctly diagnosed at which point he underwent radical surgery on his face to remove the tumour. Unfortunately, his cancer recurred in 2007 and Ian was given a terminal diagnosis."

Anyone concerned about the treatment they have received should contact the NHS Primary Care Trust concerned and seek legal advice from the Patient Rights and Healthcare team at Wake Smith  on 0114 266 6660 or send an e-mail to [email protected]

Notes:

The parotid gland is the largest of the salivary glands, helping to secrete saliva to facilitate mastication and swallowing.

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