Neil Heavisides has settled an action for a client (C) who in 2009 underwent MRI scanning of her brain at the request of her treating consultant. Specifically, the Radiologist was asked to consider whether there was any evidence of a cerebellar pontine mass lesion. The report indicated a normal appearing brain. However, C continued suffering symptoms of dizziness, vertigo and left sided otalgia but on account of the normal MRI scan had to persevere with the difficulties until 2011 when the MRI scan was repeated. This time a left cerebellar pontine angle mass lesion was noted.
C instructed Neil Heavisides to investigate a case and with the assistance of an expert Neuroradiologist and Neurosurgeon it was found that the same tumour identified in 2011 was infact observable on the earlier MRI scan. The delay had enabled the tumour to grow and impinge upon an area of the brain controlling facial nerves. Despite undergoing successful excision surgery, followed by a course of Gamma Knife treatment, she suffered damage to her facial nerves resulting in a mild slurring of speech along with a range of lesser symptoms.
The case was partly defended by the NHS Trust on the grounds that although they eventually admitted the tumour should have been observed in 2009 they denied that the outcome would have been any different and that the sole consequence was simply a delay in getting the right treatment.
C did not want to litigate and instead gave instructions to resolve the case by way of a compromise settlement. The sum of £22,500 was agreed upon.
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