Our client was first investigated for headaches in October 2010. A CT and MRI scan were performed which reported a right parietal lesion in the brain. Despite the diagnosis, the client was not reviewed by the hospital and eventually suffered an epileptic seizure in July 2021, some 11 years later. She underwent a further CT and MRI scan which reported that the lesion had grown in size. The client then had to go through intensive radiotherapy and chemotherapy.
We obtained expert medical evidence and sent a Letter of Claim to the Defendant hospital. The Defendant admitted that there was a failure in November 2012 to arrange for the client to undergo repeat MRI scans in six months’ time and a failure to refer the client to a regional Neuro-Oncology multi-disciplinary team at Charing Cross Hospital.
But for the admitted breach of duty, the client would have undergone repeat MRI scans every six to twelve months and by around April 2014 the scans would have shown a demonstrable increase in size of the tumour and the client would have been offered a resection or biopsy.
But for the Defendant’s negligence, the client would have undergone radiotherapy in June to July 2014 and would have achieved tumour control. The client would also have avoided seven years of undiagnosed and unchecked cancer growth. With earlier diagnosis, the volume of the tumour would have been significantly smaller and a smaller volume of radiotherapy would have been required to treat it. The cognitive impairment that the client has suffered would have been minimal, were it not for the admitted negligence.
A mediation was arranged which led to a full apology from the hospital and settlement in the sum of £350,000. The client stated “can I just say how happy and grateful I am to you and Rory [our barrister]. It is life changing”.