Client Recovers £30,000 In Respect Of Misdiagnosis - September 2006

Mrs X v Royal Group of Hospitals and Dental Hospital Health and Social Services Trust and Another.

The Plaintiff, a 45 year old lady consulted Patrick Mullarkey of this office on 6th March 2003 in connection with medical treatment that she had received between 1997 and September 2002.

In 1997 the Plaintiff underwent a hysterectomy, having been troubled for many years with heavy periods and PMS. She was advised that the only real cure that she could get was by means of a hysterectomy and removal of her ovaries.

The Plaintiff contended that she not advised that she would require HRT and she was not advised that her ovaries could be preserved. After the performance of the hysterectomy the Plaintiff was troubled by ongoing medical problems from 1997 until 2002.

It was the Plaintiff’s case the had test results been correctly interpreted in May 1998 her problem would have been resolved four years earlier than it actually was. Due to the Plaintiff’s ongoing medical problems, she contended that she was caused to develop, in association with the physical problems, a mental upset in the form of a depressive disorder.

The Plaintiff did not sustain any special loss ie wage loss or associated financial loss. The case in negligence and breach of contract was advanced on behalf of the Plaintiff in this case. In particular it was argued that there was negligence in the care provided to the Plaintiff at the time that consent was taken for the operation and thereafter when the test result was not correctly interpreted in May 1998.

Prior to the commencement of the hearing of this matter, settlement negotiations took place. The case settled in September 2006 for a payment of £30,000 plus costs to the Plaintiff. Judgment was entered against the Royal Group of Hospitals Health and Social Services Trust on behalf of the Plaintiff in that sum.