Case study of a successful claim for delay in diagnosis and treatment of Wet Macular Degeneration
We were approached by our client, who we will refer to simply as Mr H, about bringing a claim against North Devon District Hospital due to the late diagnosis of wet macular degeneration, which caused him to lose his vision fully in his right eye.
We specialise in ophthalmic cases. Clinical negligence lawyer, Oliver Thorne, reviewed the case and agreed to pursue it on a no win no fee basis.
Background
Mr H was diagnosed with ocular hypertension and underwent a right selective trabeculoplasty. He was later diagnosed with having open angle glaucoma. Tests established that the pressure in his right eye kept decreasing and there was evidence of optic nerve damage.
Mr H had a trabeculoplasty in his right and left eye and following the procedure it was noted that the pressures had reduced and was within the correct limits.
Some years later, Mr H attended North Devon District Hospital complaining of seeing a “red mist” from his right eye. It was noted that the intraocular pressure was outside the target range and an appointment with the Glaucoma Monitoring Clinic was arranged.
It was found that Mr H had been suffering with blurry vision for six months and the scans showed active wet macular degeneration which had been present for a while, but no treatment had been given. Mr H was started on intravitreal lucentis injections which he had for three months.
The clinical negligence claim
We alleged that the wet macular degeneration had been evident for a number of years, and because no treatment had been carried out, Mr H had been left with permanent vision loss in his right eye.
The healthcare Trust admitted ‘breach of duty’ and ‘causation’, putting forward an offer of settlement. However, Oliver felt this was inadequate, especially as he had gathered a psychiatric expert report to show that Mr H had lost his confidence to carry out everyday tasks. Further negotiations took place and an out of court settlement was reached at £90,000. Mr H was delighted with the outcome.
How we can help with cases of delay in diagnosis and treatment of Wet Macular Degeneration
If you have been the victim of a medical error and want to know what your legal options are, then contact clinical negligence lawyer, and AvMA panelist Oliver Thorne, for a free consultation.
