A MAN whose stomach was removed after he was misdiagnosed as having cancer has received a substantial payout in an out-of-court settlement.

The unnamed patient underwent a total gastrectomy at York District Hospital after internal examination raised suspicions of cancer.

But, after his stomach had been removed it was found that he only had a peptic ulcer, which could have been cured by medication or a minor operation.

The blunder means the patient has to live the rest of his life with a restricted diet.

As a result of the unnecessary operation he now suffers from tiredness, fainting and weight loss.

The patient also has to have regular injections of vitamin B12.

More than four years after he underwent surgery the patient has accepted substantial undisclosed damages.

The case was to have gone before a judge at the county court in Leeds but the York trust agreed to settle.

Mr Ian Pryer, of York solicitors Langleys, said he was pleased the claim had been settled but "disappointed" that the trust had refused to admit liability for so long.

Mr Pryer said a second endoscopic examination should have been performed.

Mike Porte, medical director of York Health Services NHS Trust, said: "We are concerned about any patient who makes a legal claim with regard to their treatment and we will investigate thoroughly and promptly all such cases.

"However, when there is a disagreement as to how the case was managed, the legal process involved will inevitably add dramatically to the time taken to reach resolution."