Campbell Fitzpatrick Solicitors were instructed to act on behalf of a Plaintiff in respect of a case she wished to pursue against a Health Trust concerning the misdiagnosis of Cancer made in 1998. The Plaintiff, who was 18 years old at the time, had been referred by her General Practitioner to a local hospital for symptoms involving severe abdominal pain, with pain radiating into her back, weight loss and vomiting. The Defendant made a definitive diagnosis of Pancreatic Cancer in early June 1998 with the Plaintiff being informed that she had only a short period of time to live and that the only treatment option was palliative care. In the event the correct diagnosis was one of acute Pancreatitis which was ultimately diagnosed on 12 November 1998. As a consequence of the misdiagnosis the Plaintiff suffered personal injuries. In particular she did not receive any active care in relation to her abdominal symptoms for a period of 5 months. Additionally, as a consequence of the misdiagnosis the Plaintiff was caused to experience severe emotional shock and trauma upon being told that she was suffering from a terminal illness. That shock and trauma developed into a depressive disorder with symptoms of low mood, irritability, disinterest, poor motivation and sleep upset.
Proceedings in this matter were originally issued on 27 September 2004. It is to be noted that Patrick Mullarkey of Campbell Fitzpatrick Solicitors was instructed, for the first time, to act on behalf of the Plaintiff on 21 November 2006. By the time this firm came to represent the Plaintiff, she had been represented by three other firms. The Plaintiff’s Legal Aid position was regularised and her action was set down for Hearing on 13 December 2007. The case was listed for Hearing in the High Court in late 2008. Prior to the commencement of the Hearing the Defendant’s Representatives offered, and the Plaintiff accepted, £35,000 plus full costs in full and final settlement of her action. Liability was not admitted by the Trust in respect of the allegedly negligence care.