A retired postman is taking legal action against a hospital after undergoing major surgery for a cancerous tumour that was later found to be benign. Mark Welland, 61, was diagnosed with a cancerous lump on his pancreas and underwent keyhole surgery at the Royal Marsden Hospital in west London in October 2020. However, complications arose during the procedure, leading to uncontrolled bleeding and a conversion to open surgery. Doctors removed 40 per cent of his pancreas and his entire spleen, leaving him with long-term pain and ill health. Subsequent tests revealed that the lump was a benign nodule, not cancer.
Negligence Claim
Mr Welland alleges that he was only informed of the surgical risks after being anaesthetised and wheeled into the operating theatre. The Royal Marsden NHS Foundation Trust admitted a breach of duty in October 2023, acknowledging that Mr Welland should have been offered the option of monitoring the lesion rather than immediate surgery. He was forced to retire from his job as a postman due to health issues and is now suing for £400,000 in damages for negligence.
Health Consequences
Legal documents filed in the High Court detail that Mr Welland must take lifelong antibiotics due to the loss of his spleen and has significant abdominal scarring. He can no longer drive or wear a seatbelt because of abdominal pain, suffers from bloating, is at risk of diabetes, and has gained weight due to reduced mobility. He also faces a higher risk of severe infections.
Background
Mr Welland was referred to the Royal Marsden in April 2020 after a CT scan revealed a small pancreatic lesion. He claims he was never informed that biopsies were negative or that the lump could be a benign splenunculus, a common accessory spleen found in up to 30 per cent of the population. His legal team at Stone Rowe Brewer asserts that the hospital's negligence allowed the surgery to proceed and caused the subsequent complications.
Consultant surgeon Richy Bhogal allegedly discussed the risks of losing 20 per cent of the pancreas and a 20 per cent chance of losing the spleen only after Mr Welland had been given a spinal anaesthetic, which his lawyers describe as 'wholly inappropriate.' The Royal Marsden has not yet filed a defence. A Trust spokesperson said, 'As this is an ongoing matter, we are unable to comment at this time.'
