Successful Claim for Substandard Tonsillectomy

Lanyon Bowdler settled a claim for Master F arising out of a substandard tonsillectomy procedure at The Shrewsbury and Telford Hospital NHS Trust in August 2021.

Emma Hart was instructed by Mrs F, Master F’s mother and litigation friend, to bring an action in damages in respect of the substandard surgery.

Master F had a history of recurrent tonsillitis and in 2020 alone, had suffered with tonsillitis nine times. Master F was four years old and the recurrent infections were impacting on his nursery attendance, as well as general life at home. Master F was referred to The Shrewsbury and Telford Hospital NHS Trust and a tonsillectomy procedure was discussed. Mrs F consented and a surgery date was awaited.

Master F was admitted to The Shrewsbury and Telford Hospital NHS Trust in August 2021 for a tonsillectomy. It was noted that there were no surgical or anaesthetic complications and follow up was not required. Master F was discharged home the following day.

However, in September 2021, Mrs F contacted the GP Surgery, advising that Master F had a prominent lump to the right side of his throat, in the same location that his tonsil was. Mrs F was reassured that this was likely granulation tissue and would slowly resolve on its own.

In February 2022, the lump had not resolved and a referral was sent back to ENT at The Shrewsbury and Telford Hospital NHS Trust. A couple of days later, Master F was taken to A&E at Wye Valley NHS Trust. He had developed swelling to his lip and nose and he was complaining of pain in his mouth and throat. On examination, swelling was noted to his right tonsil area. He was prescribed antibiotics and was to be seen as an outpatient in the ENT clinic.

Master F was reviewed by the Consultant in clinic in March 2022. It was discovered that significant remnant of the tonsil was still present.

Master F continued to have bouts of tonsillitis and was placed back on a waiting list for further surgery. A second tonsillectomy procedure was carried out in September 2023 and Master F has since made a full recovery.

In order to facilitate early resolution for Master F, Emma Hart sent a Letter of Notification to the Trust to encourage early admissions and settlement. The Trust subsequently advised that they did not intend to respond to this and as such a Letter of Claim was prepared with the benefit of ENT expert evidence.

Full admissions were secured and £11,500 in compensation was achieved for Master F.