The deceased had been suffering with facial numbness and discomfort when he underwent MRI imaging in August 2018. A lesion in the maxillary antrum was present and visible on the scan but was missed by the reporting radiologist, and he was discharged without further investigation. Over the following two years, he experienced worsening facial pain, severe headaches, difficulty eating and progressive sensory loss. In November 2020, he was finally diagnosed with squamous cell carcinoma. By this time, the tumour had infiltrated into the brain and spread to the lymph nodes. He sadly passed away in April 2021. Although liability was initially admitted by the Defendant, these admissions were later withdrawn.

The claim alleged that the failure to identify the abnormality on the August 2018 MRI resulted in a delay of over two years, during which the tumour advanced unchecked. Had the lesion been recognised at the time, curative treatment would have been available. Instead, the deceased underwent only palliative chemoradiotherapy, suffering significant side effects including neutropenic sepsis, anaemia, staphylococcus infection and endocarditis. He also endured persistent facial pain, loss of sensation, headaches, trismus, swelling around the eye and hearing loss, all attributable to the tumour’s extensive progression.

Palliative treatment achieved only a partial response, and no further effective chemotherapy options remained. The deceased died as a result of cancer, neutropenic sepsis and endocarditis. Expert evidence confirmed that, on the balance of probabilities, early detection in 2018 would have cured the tumour.

A substantial settlement was reached to reflect the extensive suffering endured, the avoidable progression of the disease and the profound loss to his family.