Aine Tyrrell, Director, O’Reilly Stewart Solicitors recently resolved a case for a patient whose care was considered as part of the Belfast Health and Social Care Trust’s neurology recall.
The Plaintiff was referred to neurology by his GP in 2006. He was diagnosed as suffering from dopa responsive dystonia and commenced on medication by a consultant neurologist to treat this. He continued to be reviewed by this consultant on a six monthly basis until 2018. On each occasion, his symptoms failed to improve. Over the years, he was prescribed a cocktail of medication, all on the basis that he was suffering from dopa responsive dystonia.
In June 2018, our client was recalled as part of the Belfast Trust’s neurology recall. Following investigations, the previous diagnosis of dopa responsive dystonia was rescinded. It transpired that our client had in fact tested negative for dopa responsive dystonia a number of years previously, and that these results had never been communicated to him. Our client was diagnosed with chronic pain syndrome instead. He had to undergo a difficult withdrawal from several medications.
As a result, an investigation into the standard of care our client received was undertaken. We obtained expert evidence from an independent neurologist, who was critical of the care which our client received and reiterated that the diagnosis made was incorrect and ought to have been reviewed a number of years previously.
Proceedings were issued in this matter and the case was ultimately listed for hearing. It was resolved shortly prior to hearing in the sum of £45,000.00 plus costs.
