Allegations of negligence
Despite the test for Hepatitis C in September 2004 being positive, Dr Coffey failed to advise the Claimant of this and refer her to a Hepatologist for appropriate treatment which was mandated.
As a consequence of the negligence there was a delay in diagnosis of the Claimant's symptoms for over 3 years, during which time she received no treatment. The Claimant continuously suffered from night sweats and exhaustion throughout this period. Having received no diagnosis for the symptoms she was suffering from, The Claimant feared she had HIV and suffered psychological symptoms as a consequence. The delay in diagnosing the Claimant's Hepatitis C caused her additional stress. At the time of the correct diagnosis in 2007 the Claimant was also having to cope with the recent murder of her sister. The delayed diagnosis also caused the Claimant additional stress and difficulty with her employer which would not have been the case if the correct diagnosis was confirmed at the time of testing in 2004 treatment had commenced at that stage.
The medical evidence was that the Claimant's long term prognosis had not been significantly affected by the delay in diagnosis. The Claimant was unfortunately unresponsive to the treatment. As the misdiagnosis only delayed the Claimant's course of treatment, there was no Special Damages claim.
Protective Proceedings were issued at Wandsworth County Court on 3rd November 2010. Following the Letter of Claim a negotiated settlement was achieved for a global figure of £5000.00.