Wrongful death case study - client receives £315,000 in compensation

Published 29 April 2025
by Co-op team

In this case study, medical negligence solicitor Carol Simpson discusses a wrongful death claim where her client was awarded £315,000 on behalf of the dependants of her late husband.

Dental surgeons and other staff failed to refer our client’s husband to specialists after repeatedly noting a patch on the floor of his mouth. The patch developed into cancer, which later spread to other parts of the body. Her client’s husband sadly died from cancer in 2018.

Timeline of the illness

2013 to 2017 – visits to the dental practice

The deceased attended his dental practice in June 2013, where he saw the dental hygienist. It was noted he had a red and white patch in the floor of the mouth measuring 8mm and he was referred to the dental surgeon at the practice.

He was seen approximately one week later, and the lesion was documented along with a risk factor profile of drinking alcohol and an ex-smoker. He was advised to return in 3 months for review. The deceased returned as advised and again the mouth lesion was noted by the dental surgeon. No referral was made. He was seen by the dental surgeon on multiple occasions.

Between September 2013 and July 2015, the deceased was seen at the dental practice on multiple occasions both for periodontal and restorative treatment. The clinical notes record soft tissue examinations took place, but there was no further reporting of the lesion in the floor of the mouth.

In September 2015, a soft tissue examination of the floor of the mouth was noted to be ‘NAD’ (no abnormality detected).

In February 2016, there was reference to a ‘red and white patch, possibly leucoplakia’ on the floor of the mouth. This is a pre-malignant condition that causes painless white or grey patches to appear in the mouth, gums, inside of the cheek or often on the tongue. The plan was to keep the patch under review.

Between February and September 2016, the deceased was again treated for both periodontal and restorative problems. The same dental surgeon who carried out the examinations again concluded that the floor of the mouth examination was ‘NAD’.

Between March and August 2017, again the clinical notes concluded floor of mouth, NAD.

2017 – visiting the GP

The deceased attended his GP surgery in October 2017. He was complaining of pain in his left ear, left side of his neck and left side of his tongue, which was coated with a white patch. It was thought he had a fungal infection and he was prescribed a topical medication.

He returned to his GP surgery mid November 2017 on examination, he had a large irregular ulceration to the left side of his tongue. He was referred on the ‘two week rule’.

The deceased attended Chesterfield Royal Hospital within a week and was seen by the Maxillofacial Surgeon. They suspected the patient had two malignancies.

2018 – treatment for cancer

In January 2018, scans and biopsies confirmed the presence of two squamous cell carcinomas to the left side of the tongue. Squamous cell carcinoma is the second most common type of skin cancer.

Following an MDT (Multi-Disciplinary Team) decision, he was offered surgery with 'curative intent'. This means they were hoping to completely remove the disease. Systemic imaging including PET and CT scans revealed no convincing evidence of distant disease.

Major surgery was performed following the insertion of a PEG (feeding tube into the stomach) which involved:

a tracheostomy (opening into the windpipe and tube inserted to assist with breathing),
bilateral neck dissections
subtotal glossectomy (removal of part of the tongue) and dental extractions

After the operation, the patient received chemotherapy.

In July 2018, he presented with metastatic disease, meaning the cancer had spread to another part of his body. He suffered a pathological fracture to the right neck of femur (thigh bone).

He received palliative radiotherapy to this site, but sadly died on 5 October 2018.

Our process

We obtained medical records and a witness statement from the deceased’s wife. As there was no will, Co-op Legal Services assisted with obtaining Letters of Administration.

Experts were located and instructed in the areas of General Practice and a Dental Surgery. The GP report found no negligence against the GP, but was critical of the dental surgeon. The report from the dental surgeon was supportive of a claim.

Had the deceased been referred via the two week suspected pathway in June 2013, he would likely have been diagnosed with a low grade dysplasia. He then would have had follow up appointments, followed by excision and biopsy to diagnose and work out a treatment plan.

A Letter of Claim was sent to the Defendant (the other side) in June 2021 and the Claimant (our client) made an early offer of settlement of £280,000.

A Letter of Response was received in April 2022. Although some admissions were made, the response was that the cancer was rapidly growing, and the treatment would have been the same in any event. The Defendant made an offer of settlement in the sum of £5,500. Our client was advised to reject the offer of settlement.

The Claim was issued in the Court and a court timetable set for service of evidence, these being witness statements and expert evidence. The Claimant’s previous offer of settlement of £280,000 was withdrawn.

In the meantime, further evidence was being gathered to quantify the claim.

The outcome

The Defendant was invited to engage in a Joint Settlement Meeting. The court encourages the parties to engage in Alternative Dispute Resolution (ADR) – a method of resolving disputes to avoid a trial.

The Joint Settlement Meeting was held on 27 November 2024, the Claimant was involved throughout the whole process. Following lengthy negotiations, the Defendant offered the sum of £315,000 which was accepted by the Claimant.

This was a very sad case, as the death could have been avoided had the deceased had earlier treatment.