Legal News

Damages awarded over hospital delay
Fri 13th Aug 10 - 16:01

A judge has awarded substantial damages to the family of a boy who needed his right eye surgically removed due to a delay in diagnosing his cancer.

Diagnosis of three-year-old Harvey Dellar’s cancer was delayed by two months and Harvey’s mother, Caroline Haywood, believes her son may not have needed his eye removed had the cancer been found sooner.

The judge, sitting at Birmingham County Court, awarded an undisclosed five-figure sum to the family which will be put into a trust to meet Harvey’s future needs.

In February 2008, Harvey was just 12 months old when his parents noticed that his right eye was turning inwards. Harvey, from Northampton, was taken to an optician by his parents, before he was immediately referred to Northampton General Hospital.

However, Harvey was not offered an appointment soon enough due to a “basic administration error”. By the time he was seen by surgeons they had no option but to remove the affected eye.

Speaking after the hearing, Ms Haywood said:

“My son may not have lost his eye if he had been treated and diagnosed more quickly following the optician’s concerns.

“Although the cancer would probably have meant his sight would have been affected, they could have saved the eye and avoided the need for an artificial eye in the future.”

Ms Haywood also warned other parents to seek urgent medical assistance if they noticed similar irregularities to those which she saw on photographs of her son.