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A retired postman is suing a hospital for carrying out a major surgery to remove a cancerous tumour, only for doctors to find it was benign.
Mark Welland, 61, was told by oncologists that he had a cancerous lump on his pancreas and had keyhole surgery at the Royal Marsden Hospital in west London in October 2020.
But things went wrong and Mr Welland started uncontrollably bleeding under the knife - losing 3.5 litres of blood - forcing surgeons to convert to an open operation.
Doctors had removed 40 per cent of his pancreas and his entire spleen in the surgery, which he says has left him in long-term pain and ill health.
But tests after the fact found that the father of two did not have cancer - the lump was a benign nodule.
Mr Welland claims he was only told of the risks he faced in surgery once already anaesthetised and being rolled into the operating theatre.
The Royal Marsden NHS Foundation Trust admitted a breach of duty in October 2023, saying Mr Welland should have been given the option of watching and waiting rather than immediate surgical intervention.
He had to retire from his job as a postman on health grounds following the operation and is now bringing legal action against the hospital, accusing the Trust of negligence and suing for £400,000 in damages.
Mark Welland, 61, had 40 per cent of his pancreas removed and his spleen before finding out he did not have cancer, with doctors discovering a lump was benign
They Royal Marsden Hospital's trust admitted a breach of duty in October 2023, saying Mr Welland should have been given the option of watching and waiting rather than immediate surgical intervention
Legal documents lodged in the High Court explain that Mr Welland now has to take antibiotics for the rest of his life to account for his missing spleen and has suffered abdominal scarring.
The court will also be told of his early retirement and that he stands at risk of severe infection.
Mr Welland - a West Ham fan who loved watching his team play at London Stadium - claims he can no longer drive or wear a seatbelt because his abdomen is so painful.
He also suffers from pain and bloating, is at risk of developing diabetes and has put on weight because he cannot move as much.
It all began when he was referred to the Royal Marsden in April 2020 when a CT scan revealed a small pancreatic lesion.
Mr Welland claims that he was never told that his biopsies came back negative or of the differential diagnosis.
His lawyers at Stone Rowe Brewer, in Twickenham, say that it was the hospital's negligence that allowed the surgery to go ahead and caused the subsequent complications.
They claim Mr Welland was not told the endoscopic ultrasound scan in August 2020 was inconclusive or that he may have only had a benign nodule called splenunculus.
Splenunculi are exceedingly common, presenting in up to 10 to 30 per cent of the population. They are often known as accessory spleens and exist separately from the main organ.
West Ham fan Mr Welland claims he can no longer no longer drive or wear a seatbelt, suffers from pain and bloating, has put on weight due to being less mobile and is at a greater risk of sepsis and diabetes following the surgery
Mr Welland, of Isleworth, west London, claims he was not given enough time to consider his options and risks ahead of surgery - only being discussed after he had been given a spinal anaesthetic.
Consultant surgeon Richy Bhogal told him he would lose 20 per cent of his pancreas, and that there was a 20 per cent chance of losing his spleen, Mr Welland claims.
It was 'wholly inappropriate' for Mr Bhogal to mention these risks only after he had been anaesthetised, and he was not warned of future risks like an elevated chance of sepsis.
The Royal Marsden has yet to lodge a defence in the case.
A spokesperson for The Royal Marsden NHS Foundation Trust said: 'As this is an ongoing matter, we are unable to comment at this time.'
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