The Story of Mr H

Mr H, having been diagnosed with cancer of the mouth, came under the care of the Maxillofacial Department, at the Royal Blackburn Hospital, where he underwent surgery, which successfully removed the tumour.   He was advised, following surgery, that he would need to undergo a course of radiotherapy.   Prior to undergoing radiotherapy, Mr H underwent dental examination.

Following radiotherapy, Mr H developed osteoradionecrosis in his jaw, resulting in excision of bone and reconstruction of the jaw.    Mr H suffered a loss of part of his jaw as a result of problems with pain, difficulty, eating and speech.   There were also aesthetic consequences and psychological damage suffered.

Researching the condition on the Internet, Mr H was able to identify Williamsons and Mr Tim Slow in particular, as a firm of Solicitors experienced in similar  claims.

Following receipt of instructions and carrying out initial investigations, it became apparent that there were a number of potential Defendants including a General Dental Practitioner, who, following radiotherapy, extracted a tooth without having regard to the risk of osteoradionecrosis setting in, and the consequences thereof.

Although liability was denied by the Defendants, following commencement of Court Proceedings, and subsequent to the matter being listed for Trial, negotiations were entered into, resulting in settlement of the claim, Mr H receiving substantial damages, enabling him and his family to enjoy a better quality of life, notwithstanding the injuries sustained.

Defendants in this case were the Bolton NHS Foundation Trust, East Lancashire NHS Foundation Trust, Lancashire Teaching NHS Foundation Trust and NHS Commissioning Board (the latter being in relation to the General Dental Practitioners failings).

This claim, and the earlier successful claim pursued by Williamsons, highlights the importance of patients being properly warned and advised about the need for dental care/extractions prior to undergoing radiotherapy for any mouth ulcers, because of the potentially devastating consequences of developing osteoradionecrosis post radiotherapy.