NHS ordered to pay patient nearly £1m after operation caused mental health condition

A man who developed a mental health condition after receiving a life-saving operation for cancer has won more than £900,000 in compensation from the NHS.

Brian Taylor instructed lawyers to take the Forth Valley Health Board to Edinburgh’s Court of Session – Scotland’s highest civil court.

Medics removed Mr Taylor’s right kidney in November 2005 at Stirling Royal Infirmary as he was suffering from renal cancer.

The operation was successful, but the doctor who was supposed to carry out the operation wasn’t available, and another medic had to perform the procedure.

The procedure that was actually carried out was one which was different from the one that was discussed with Mr Taylor previously.

The issues were not discussed with the patient until the morning before the procedure.

Following the surgery, Mr Taylor developed a condition called Somatic Symptom Disorder.

A judgment published on Friday tells of how people with SSD “present with physical symptoms” – like pain, and loss of function of limbs, fits and seizures – which “cannot be explained by traditional pathophysiological processes.”

Lawyers for the health board admitted liability to the court for some of its actions in its dealings with Mr Taylor.

The judgment states that the health board should have taken into account the “level of anxiety” Mr Taylor had on the morning of his operation.

It admitted that, in the circumstances, with how Mr Taylor was feeling, doctors couldn’t have obtained his consent and should have cancelled the procedure.

The judgment stated: “Accordingly, the defenders accept that surgery should not have gone ahead when it did.

“In those circumstances, and for the purposes of this action only, the defenders accept a liability to make reparation to the pursuer for losses caused by the operation proceeding when it did.”

This led to Judge Lord Ericht assessing the impact that SSD has had on Mr Taylor’s life.

Patient unable to work since 2011

The judgment tells of how Mr Taylor has experienced persistent pain and physical complaints since receiving the operation. Medics agree that the symptoms have been caused by SSD rather than traditional physical causes.

The condition has also left him unable to work since 2011, and he needs daily care.

It has restricted his daily functioning, and the condition has dominated his thinking and affected his mental health.

The condition has also caused him to struggle with stairs, and he needs a stair lift to access rooms on the upper level of his house.

He also has difficulty accepting the size of his post op scar.

Before falling ill, Mr Taylor worked as a landscaper and in construction.

The court also heard that prior to the operation, Mr Taylor “did not properly account, nor make payment, to the Inland Revenue for the tax due in relation to his work and business.”

This led lawyers for the health board to argue that, as Mr Taylor had failed to “properly declare his income and pay the consequent tax”, he had committed “a fraud” which meant the court shouldn’t entertain Mr Taylor’s claim for wage loss.

Lord Ericht rejected this argument. He said that the law established in previous cases meant that Mr Taylor could pursue the claim. It just meant the court would have to use statistics derived from the industry as opposed to Mr Taylor’s own.

Lord Ericht ordered the health board to pay Mr Taylor £904,000.

Lord Ericht wrote: “Patients with SSD present with physical symptoms (eg pain, loss of function and limbs, fits and seizures) which cannot be explained by traditional pathophysiological processes that can be understood.

“The implication is that the genesis of the symptoms must have a significant psychological or behavioural component to it. This is often referred to as ‘psychosomatic’.

“Previous adverse experiences significantly increase the risk of developing SSD.

“In patients with SSD, somatoform symptoms may be triggered by almost any form of life event. Trauma can have the same effect.”

Lord Ericht concluded that the operation contributed towards Mr Taylor developing the condition.

He added: “I find that the admitted negligence in allowing the operation to go ahead on November 28, 2025, contributed or materially contributed to the pursuer’s Somatic Symptom Disorder.