Steve Barton is angry, and he has every right to be.
The 68-year-old retired engineer stares at his medical notes that, he says, expose in black and white the moment his life changed forever.
“I have somehow missed… due to my mistake,” a doctor writes in one of the notes, after it became apparent that Mr Barton had not been urgently referred to specialists over what later became an aggressive form of throat cancer.
Steve now has a prosthetic voice box and is one of many British patients fighting medical negligence claims after being misdiagnosed.
NHS officials in Scotland are dealing with thousands of cases annually. Meanwhile, Westminster’s Public Affairs Committee (PAC) recently disclosed England’s Department of Health and Social Care has set aside £58.2bn to settle clinical lawsuits arising before 2024.
Mr Barton, who lives in Alloa near Stirling, repeatedly contacted his doctors after he began struggling with his breathing, speaking and swallowing. His concerns were recorded by the NHS as sinus issues.
As panic grew and his voice became weaker, Mr Barton paid to see a private consultant who revealed the devastating news that a massive tumour had grown on his larynx and required part of his throat to be removed immediately.
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“I am angry, I am upset, I don’t want anyone else to go through this,” Mr Barton told Sky News.
“There were at least four, possibly five, conversations on the phone. He [the doctor] said to me that it sounds like I’ve got reflux.”
‘He was palmed off’
Mr Barton is now unable to work and cannot shower by himself because if water enters the hole in his neck, he could drown.
And a windy day can cause a debilitating coughing fit if a gust catches his prosthetic voice box.
Asked if he believes this was avoidable, Mr Barton replied: “Absolutely. 100%.”
His wife, Heather, told Sky News: “He hates this. You see him crying. It breaks my heart. It’s been hard emotionally.”
She added: “Everybody knows their own body. He was palmed off and the consequence is a neck dissection. It [life] changed overnight.”
Legal battle over compensation
The Barton family have been locked in a legal battle over their ordeal with the Medical and Dental Defence Union Scotland (MDDUS) – a body which indemnifies GPs.
It has not admitted formal liability in this case but has agreed to settle financial compensation to Mr Barton.
Izabela Wosiak, a solicitor from Irwin Mitchell who represents the Bartons, said: “Cases like Steve’s are complex and usually quite difficult, but solicitors have accepted there was no defence to this case.
“They have arranged to make an interim payment; however we are still in the process of negotiating final settlement.”
A MDDUS spokeswoman refused to comment while talks are being finalised.
What is the scale of medical negligence in Britain?
The NHS in Scotland is under the devolved control of the Scottish government.
Figures suggest there were almost 14,000 clinical negligence claims and incidents in 2023/24, an increase on the previous year.
It comes as PAC warned that the total liabilities in England’s health service has hit £58.2bn.
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PAC chair Sir Geoffrey Clifton-Brown MP told Sky News: “I extend my sympathies to Steve and his family. Unfortunately, he is not alone.
“Some are really heart-wrenching tales. Every single claim somebody is involved, someone has been in some way injured, so this is a terrible thing.
“We are going to be working on how we can make the whole system less litigious and get compensation paid out quickly because if the state does harm to somebody, the least they could do is to compensate them as quickly as possible.”
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Paul Whiteing, the chief executive of patient safety charity Action Against Medical Accidents, told Sky News: “The NHS itself last year [in England] paid out just over £5bn in compensational set aside money for compensation that it would need to pay out.
“It’s a huge cost and of course that doesn’t speak to the cost to every individual, every family, every person who is impacted by the consequences of some form of medical accident and the trauma that can go with that.”
