Clinical Negligence

Recent Cases- Misdiagnosis

 
 
 
 
 
Clinical Negligence Introduction The Team
Independent Reviews Articles
Personal Injury Introduction What Our Clients Say Registration Form
Links

Katie's Case

Katie began to suffer eye problems in May 1986; she was prescribed Betnesol by her GP Dr S and again in August 1987.

Ten years later in April 1997 she attended her GP Dr S again with red itchy eyes and he prescribed Rapitol eye drops for her to take. Between August 1998 and August 1999 Katie visited her GP, Dr S seven times and he referred her to Mr J, a Consultant Ophthalmic Surgeon at the Royal Oldham Hospital Eye Department. In his referral letter Dr S failed to say that he had prescribed K steroids between August 1998 and August 1999.

Katie attended the A & E Department of Royal Oldham Hospital on 13 August 1999 and was diagnosed with vernal kerato-conjunctivitis, both eyes with giant papillae and punctate epitheliopathy. She was prescribed Betnesol drops 4 times a day and was to be reviewed 10 days later. She attended the hospital 10 days later and was noted to be better and treatment was continued. In the meantime Dr S repeated the prescription of Neocortef.

In October 1999 Katie was seen at the hospital and in a letter to Dr S it stated "it is not advisable for her to continue using steroids in the eye unless necessary". In the meantime, Dr S continued the prescription.

Katie was seen at Royal Oldham Hospital in December 1999 by Mr O an eye Physician, he said that the steroids had to be tailed off and no further hospital appointment was given. In Katie's GP records there are noted repeat prescriptions for Otrivine of 20 December 1999 and 26 January 2000. Katie's problem reoccurred in February 2000; she was given another prescription by Dr S on 22 February 2000, and a prescription for Alomide on 14 March 2000, with repeat prescriptions on 18 May 2000 and 4 July 2000. Dr S intended to refer Katie to Mr L at Royal Oldham Hospital but there was no letter in his GP records and he prescribed Katie Alomide in August 2000 and Pred Forte in September 2000.

Katie saw her opticians Specsavers in October 2000 and she was referred back to Dr S, her GP. The Optician noted that she had failing visual acuity in her right eye and the referral back to her GP stated that urgent review of steroids was indicated. It does not appear that Dr S made an urgent referral.

Katie continued using Pred Forte until she was seen by an Eye Specialist at the Royal Oldham Hospital and told to stop using it in January 2001, when Steroid Induced Glaucoma was diagnosed. Katie underwent a left mitimycin C enhanced trabeculectomy and right cyclodiode cilary ablation on 13 March 2001 at Manchester Royal Eye Hospital. Katie underwent a squint repair in June 2003 and she is permanently blind in her right eye. There is a 10% risk of losing the sight in her left eye.

A Claim Form was issued on 19 February 2003 against Dr S. A Defence was filed on 12 January 2004. Listing Questionnaires and Lists of Documents were served. The case was then transferred to Oldham County Court and a Stay agreed to give the parties an opportunity to negotiate settlement. The Defendant verbally put forward a Part 36 Offer of £120,000.00 and the Claimant responded with a Counter Offer of £220,000.00. The Defendants paid the sum of £140,000.00 into court on 5 July 2004, following telephone negotiations. The Consent Order was sent to the court in August 2004. The CRU was nil.

The main concern of the Claimant in settling her claim related to the fact that she suffered diminution of marriage prospects and although this was difficult to quantify it was taken into consideration in the settlement figure.

Please note that all names have been changed to maintain anonymity.