In late September 1993 Simone, a
female medical student at a London teaching Hospital (then
aged 19), began to suffer from epileptic type seizures.
In February 1994 she was referred by
her GP to a consultant neurologist at the Royal London
Hospital for assessment of her seizures.
The consultant neurologist
considered that the seizures were “of the major generalised type,
although without marked convulsive features”. He ordered an EEG,
but declined Simone’s father’s request for an MRI scan.
On 19 March, Simone suffered another
seizure. An EEG was performed on 22 March and Simone was diagnosed
with primary generalised Epilepsy.
Simone’s father again requested an MRI
scan but this was refused. Simone was prescribed daily
Carbamazepine.
At review in July 1994, there having
been no fits, the consultant neurologist advised Simone to
continue with the Carbamazepine. A second EEG was planned for the
Autumn.
On 17 September Simone suffered a
further seizure. The consultant neurologist advised Simone to
increase the Carbamazepine and advised that he would review the
clinical situation at the next outpatient appointment in light of
the planned second EEG.
On 2 November, a second EEG was
performed and the report indicated that the epilepsy could well be
focal rather than generalised.
Simone attended further appointments
on 19 January, 6 October, 3 November 1995 and 26 July 1996. At the
last appointment Simone informed the consultant neurologist of
the further recent fits in March and July.
The consultant advised increasing the
Carbamazepine. Simone’s father again pressed for an MRI scan but
the consultant neurologist stated that this was a clear case
of generalised epilepsy and declined.
Simone had four seizures in October
1996, and November 1996 and two in January 1997. On 31 January
1997, Simone was reviewed and advised that Epilim would bring
better control of her epilepsy.
Only reluctantly after further
requests from Simone’s father did he agree to refer her for an MRI
scan. MRI scans were performed out on 9 March and 14 March 1997 and
illustrated a cerebral tumour. Simone underwent a craniotomy on 28
April when the tumour was successfully removed.
Our experts confirmed that with
appropriate review and MRI imaging in early 1995, the cerebral
tumour would have been diagnosed earlier.
As a result Simone suffered anxiety
and stress due to additional seizures and the stigma of having
epilepsy, difficulty with memory and concentration due to
anticonvulsant medication, the avoidance of post-operative
seizures/lessening of them if the surgery had been carried out
earlier and a contribution to memory problems caused by the
post-operative seizures.
Simone did not suffer from any
psychiatric illness but the delay in diagnosis caused her
psychological distress and affected her confidence and self esteem
to a serious extent.
Simone instructed us to
investigate a claim for medical
negligence. Initially the claim was funded by legal aid but by
August 1998, Simone was no longer entitled to public funding as she
had taken up a job as a Junior Doctor.
The case therefore proceeded under a
Conditional Fee Agreement. We put
forward a Part 36 offer of £7,500 and suggested a letter of
apology. The offer was rejected. The case was listed for trial.
Shortly before trial, the claim was settled in the sum of
£7,500 plus costs and Simone received a letter of apology.
For further information or if you have
a medical negligence claim please
call
Paul McNeil on 020 7861
4019 or email paul.mcneil@ffw.com
You can discuss your compensation claim
with any member of our medical negligence
team on freephone 0800 358 3848, email
personalinjury@ffw.com
or complete our short enquiry form.