In December 2015, Mr X developed word-finding difficulties and sought medical advice. Following investigations in January 2016, it was revealed that Mr X had meningioma (a brain tumour) in his left hemisphere. He was commenced on anticonvulsant medication for suspected partial seizures, and the plan was to follow up with intermittent MRI scans and reviews.
On 26th May 2016, he developed facial weakness and speech problems. It was Mr X’s case that the Defendants ought to have organized an urgent MRI scan with contrast of the brain, and had urgent discussions with the neurosurgery team at King’s College Hospital. This would have led to total resection surgery being undertaken by 8th July 2016.
Further, it is Mr X’s case that surgery undertaken at that juncture would have been successful from an oncology perspective. Also, it would have avoided Mr X suffering the stroke, which led to significant disability and a consequent reduction in his life expectancy. Although he may well have still suffered from epilepsy, this would have been well-controlled by medication.
Mr X instructed Clare Milne, Partner and Head of the Clinical Negligence Team at Girlings Personal Injury Claims Limited, to investigate a claim. Expert evidence was obtained from a neuro-oncologist, neurosurgeon, neurologist, neuroradiologist, and neuropsychologist, all of whom were supportive of the claim.
The Defendant admitted that there was a failure to contact the local radiologist and to organize an urgent MRI with contrast brain scan because of worsening symptoms, and to have an urgent discussion with the neurosurgery team.
They denied causation, in that they considered Mr X would have had the same outcome even with earlier treatment. However, following a successful mediation with the Defendant, a settlement was achieved in the sum of £1.06 million. This was subsequently approved by the High Court as Mr X lacked mental capacity.
Clare Milne said of the case:
“We were happy to act for Mr X and his family to achieve the right settlement in this very complex case. The eminent experts on board were extremely diligent and supportive. With perseverance, we were able to bring this matter to a satisfactory conclusion via mediation, which was then subsequently approved by the High Court Judge.”