Failure To Diagnose TB

Alternative Dispute Resolution
24/11/2006

On 24th November 2006 settlement was agreed on behalf of the estate of a patient who died in December 2003. The patient initially presented in August 2003 complaining of right sided chest pain, breathlessness and general debility. She was referred to hospital. She was admitted and investigated. No diagnosis was made. She was admitted again, to the same hospital, in November 2003. Once again, whilst investigations were undertaken, no diagnosis was made.

She was discharged from that hospital and returned home. On 5th December 2003 she was re-admitted to hospital, her condition having deteriorated significantly. She was transferred to another hospital but unfortunately died as a consequence of TB infection.

The family instructed Patrick Mullarkey of Campbell Fitzpatrick Solicitors to investigate this matter on 7th June 2004. Medical reports were obtained from two independent experts, an independent physician and an independent consultant cardiologist. The medical experts were of the opinion that the care afforded to the deceased patient between August and December 2003 was below the standard that she was entitled to expect. In particular the medical experts felt that it was reasonable to expect that a diagnosis of TB should have been made in either August or in November 2003. Had the diagnosis of TB been made, it was the opinion of the experts, that on balance of probabilities the deceased would have survived.

Taking account of the liability position in this matter, we invited the Defendant’s representatives to negotiate or to engage in alternative dispute resolution prior to the issue of proceedings. The Defendant’s agreed to participate in a joint consultation. A consultation was arranged between the parties and that consultation took place on 13th November 2006. Ultimately settlement was agreed between the parties for a payment of £25,000.

The deceased did not leave a partner or husband. The dependants of the estate were the three children of the deceased. Damages were paid in respect of the pain and suffering of the deceased prior to her death and the loss of dependency suffered by the beneficiaries of the estate. No bereavement award was payable in this case.