Case Studies:

We have secured a settlement of £875,000  on behalf of our client following a seven-year legal action against an NHS Trust.

Our client was misdiagnosed with a condition called Hirschsprung’s disease several months prior to her second birthday in the early 2000s. On foot of that diagnosis, she underwent an unecessary pull-through procedure.

We obtained expert medical evidence which established that the pre-operative rectal biopsy performed in 2002 was inconclusive which led to a misdiagnosis. On the balance of probabilities, a repeat biopsy would have demonstrated no evidence of the condition.

In short, the Defendant's decision to proceed to major surgery in the absence of a conclusive biopsy fell below the expected standard of care. A subsequent post-operative examantion similarly failed to confirm the condition. Our client did not, in fact, suffer from Hirschsprung’s disease and underwent an unnecessary major surgical procedure.

The surgeon and treating team failed to comply with their duty of candour.  In particular, they did not inform our client’s parents, or the subsequent treating clinicians, that no confirmed diagnosis had been established and that an unnecessary surgical procedure had been performed. As a result, our client underwent care and treatment for a condition she did not have, leading to a delay of four years before a correct diagnosis was made.

The delay materially contributed to prolonged pain, suffering and the overall injuries our client sustained.

Our case was grounded upon thirteen different medico-legal reports addressing breach of duty, causation and long-term prognosis.

This was an exceptionally complex case requiring detailed and technical preparation. Nineteen expert reports in total were commissioned commenting on liability, causation and quantum from both the Plaintiff and Defence legal teams by medics, care experts and forensic accountants.

Following extensive negotiations, the parties agreed a settlement of £875,000. The resolution avoided the need for our client to give evidence at a court hearing, a process she was understandably anxious to avoid.

Jack Dowling had carriage of this matter.