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Medical Negligence

Our client suffered a significant delay in the diagnosis of a meningioma, a tumour which grows in the meningeal tissue of the brain.

Our client had started to suffer from double vision. This was investigated extensively by the NHS Trust, including an MRI in May 2016, but no real conclusions were reached until almost 2 years later when a repeat MRI was undertaken and showed the presence of a mass.

Lester Aldridge obtained a report from a radiologist to investigate potential negligence. This report confirmed that the tumour was visible on the first MRI from May 2016 and that it was negligent not to report it and arrange for treatment. The defendant, when approached with details of the case, denied that there was any negligence.

On behalf of our client, we argued that the delay in diagnosis and subsequent treatment caused damage to the 6th cranial nerve, which controls the lateral rectus muscle. This is the muscle which pulls the eye away from the nose. When the lateral rectus muscle is weakened, the eye turns inwards towards the nose. For our client, this caused obvious cosmetic deformity, affected peripheral vision and depth perception as well as had a significant impact on quality of life.

The defendant Trust argued that even if there had been negligence (which they continued to deny), the damage would have occurred in any event.

Despite the continued denials of negligence and damage, which meant that formal legal proceedings had to be issued, persistent legal argument and negotiation with the NHSR (on behalf of the Hospital Trust) led to a successful conclusion and an award of damages on behalf of our client.

Melanie Lidstone-Land, Senior Associate in the Medical Negligence team, says, “It was such a pleasure to act for my client, who had suffered considerable pain, discomfort, and cosmetic deformity for many years. I was very pleased to successfully conclude this case so that my client received an award of damages and, just as important, felt that the NHS had been held accountable for its actions.”