Case Studies: Healthcare

Patient Recall case settles for £15,000

Kevin Hegarty, who has been instructed in a significant number of medical negligence cases involving the Belfast Trust patient recall of neurology patients, settled the first of such cases recently. This is the first such case to settle after only 18 months since the recall began, although this case related to Private care as opposed to NHS care.

Our client was diagnosed by Dr Michael Watt, Consultant Neurologist, as suffering from Parkinson’s Disease. He was under the impression that he had this condition for approximately 3 years. Eventually, he became concerned in relation to the accuracy of the diagnosis and sought a second opinion. He was ultimately advised that he did not suffer from Parkinson’s disease. O’Reilly Stewart were instructed on the basis that the diagnosis of Parkinson’s disease represented potential negligence on the part of Dr Watt.

While our client had not suffered any physical effects from the misdiagnosis and had not been prescribed any medication incorrectly, he suffered a psychiatric injury after being advised he suffered from the disease, and further upset and distress when he was advised that in fact he had not had the disease all along. The diagnosis adversely interfered with a number of aspects of our client’s life. We obtained expert evidence from a Consultant Psychiatrist who commented on the psychiatric effect the misdiagnosis had on our client.

After notifying the private indemnity providers for Dr Watt, the case was settled, without admission of liability,  for £15,000 via negotiations, without the need for Court proceedings to be issued.

Our client was delighted with the outcome and had the following kind words to say: “I would willingly provide testimonial as regards my complete satisfaction as to how my case was dealt with. I liked that I was kept very well informed about how my case was progressing. I found that the advice given to me was very straightforward. I don’t see anything that could be improved.”

The Belfast Trust patient recall continues to affect patients. If you or a family member has been adversely affected, please do not hesitate to contact O’Reilly Stewart Healthcare.

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