Case Studies: Healthcare

Failure to Diagnose Kidney Disease – £100,000

A patient who developed end-stage renal disease necessitating a kidney transplant, has now recovered £100,000 damages from the Defendant Healthcare Trust.

O’Reilly Stewart Solicitors were instructed to act on behalf of a patient who was diagnosed with end-stage renal disease and renal failure in 2018.  A year prior to her diagnosis, the patient had attended an Emergency Department of a local hospital complaining of chest pain.  At that point she was diagnosed with acid reflux.  Blood testing was undertaken but the Plaintiff was not informed of the results.

It was the patient’s case that the care that she had received at the Emergency Department was substandard.  She alleged that she ought to have been told of the results of the blood testing.  Furthermore, she alleged that further investigation should have been undertaken on foot of those results, which would have led to an earlier diagnosis of her renal disease.  Whilst earlier diagnosis of her renal disease would not have avoided the need for renal transplant, it would have delayed the need for the kidney transplant for approximately 5 years.

Due to the delay in the diagnosis of her condition, the Plaintiff was blindsided.  Urgent arrangements were undertaken in order to undergo renal transplant with a family donor.  The procedure was ultimately conducted privately at considerable expense to the Plaintiff and her family.

Patrick Mullarkey of O’Reilly Stewart Solicitors was instructed to act on behalf of the patient in September 2019.  Pursuant to the Plaintiff’s instructions, we investigated the case and obtained independent medical evidence from a Consultant Nephrologist and a Consultant Psychiatrist. Proceedings were issued against the Trust alleging Medical / Clinical Negligence in her care.  Breach of duty was admitted by the Defendant in the course of proceedings, and the case proceeded on a quantum only basis, ultimately resolving, prior to trial, by way of negotiation.  The Plaintiff recovered full damages in relation to her personal injury. She also recovered financial loss in relation to medical expenses, care, loss of earnings and her full costs.

Our Client comments, “We met a few solicitors. Based on conversations we had with them all, we decided to go with O’Reilly Stewart. We would just like to say that having Patrick taking care of us in this case was really great. He was perfect”.

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