Field Fisher Waterhouse wins substantial compensation for patient after health specialists repeatedly failed to diagnose
23 March 2009
Law firm, Field Fisher Waterhouse LLP has won substantial
compensation for Mrs X, a 71 year old from Chingford in London, now
living in Brighton, who developed myeloma, a form of cancer
affecting the bone marrow, after she repeatedly sought health
specialists’ help but was not given appropriate treatment. Mrs X
will receive £400,000 to compensate her, after it was agreed that
her GP should have referred her to hospital more quickly and the
hospital should have taken swifter measures to treat her. The
compensation will cover all of the costs that Mrs X has incurred to
date together with the recommendations for future care,
physiotherapy and occupational therapy.
Mrs X had experienced serious upper back pain since 2002 and had
contacted her GP to investigate the problem. He conducted an
erythrocyte sedimentation rate (ESR) test and, in spite of an
abnormal reading, failed to recommend any investigations into the
cause of such a reading. Mrs X’s situation worsened over the next
year and a further ESR test was conducted in August 2003, revealing
an even more abnormal result. In spite of this, the result did not
alarm the GP, who failed to refer her to hospital for further
assessments, instead putting Mrs X’s ongoing symptoms down to
osteoarthritis, which would not lead to an abnormal ESR
reading.
In time, Mrs X lost useful function of her left arm and she started
experiencing paraesthesia in her lower limbs, resulting in her
sometimes tripping over her own feet. Eventually her GP referred
her for a non urgent MRI scan.
In the meantime, Mrs X’s symptoms continued to deteriorate, so
much so that she referred herself to Whipps Cross Hospital in
Leytonstone, London, where she was seen by a junior doctor who
failed to ask for senior review and failed to request an urgent, or
any, MRI scan.
Prior to any review by senior staff, Mrs X’s symptoms markedly
deteriorated further in that she suffered a pathological fracture
to her left arm whilst trying to mobilise to use the toilet unaided
and suffered reduced sensation in both her legs.
Following senior review some four days after admission, Mrs X
was transferred to St Bartholomews Hospital in London where she was
finally diagnosed as suffering from myeloma at which point she
started to undergo radiotherapy and chemotherapy treatment.
The Defendants, Mrs X’s GP and Whipps Cross Hospital initially
denied liability, however at the time expert evidence on breach of
duty and causation was due to be exchanged, with reports from a GP
expert, an orthopaedic surgeon and an oncologist, both Defendants
admitted liability and Judgement was entered for the Claimant
against both Defendants.
Following exchange of further evidence on condition and
prognosis from experts in the fields of oncology, neurosurgery,
care, physiotherapy and occupational therapy, the claim settled for
the sum of £400,000, ten days before the trial was due to
begin.
Mark Bowman, clinical negligence lawyer at Field Fisher
Waterhouse, was instructed by Mrs X to represent her in the
claim.
After the case, Mrs X’s daughter said: "Mark was sensitive to
our need to keep an emotional distance from the claim handling. I
felt we could be hands off because I was completely confident that
instructions were being followed and we were not at risk in
costs."
Mark Bowman, clinical negligence lawyer at Field Fisher
Waterhouse said: “This was a particularly tricky case, involving
experts from a number of disciplines and more than one Defendant. I
am very happy with the outcome. I am glad that Mrs X, a stoic and
strong-minded woman, will now receive the compensation that she
deserves and will be able to rest assured that her needs will be
met for the rest of her life.”
For further press information please
contact:
Louise Eckersley, PR Manager,
Field Fisher Waterhouse LLP on 020 7861 4120.