The Plaintiff was a man in his early twenties who was referred to a private medical facility for the purposes of an MRI scan on his lower back having complained to his General Practitioner of lower back pain that was not resolving. The MRI scan was read by a Consultant Radiologist who reported as being essentially normal. The Plaintiff continued to suffer from pain in his lower back and approximately twenty months after the MRI scan was performed, he underwent a CT scan at St. James’s Hospital which demonstrated a large retro-peritoneal tumor. He underwent urgent biopsy at the Royal Marsden Hospital which confirmed a diagnosis of a germ cell tumor which measured 20 x 16 x 21 cm. The tumor was noted to be displacing his left kidney causing left hydronephrosis. He was treated with 4 cycles of combination chemotherapy in an effort to reduce the tumor size following which he underwent specialist retro-peritoneal lymph node dissection including resection of the tumor. The surgery involved a left nephrectomy and aortic repair and the Plaintiff remained in cancer remission.
The Plaintiff was concerned about the interpretation of the initial MRI scan twenty months before his actual diagnosis and contacted Augustus Cullen Law to investigate whether or not there was negligence in the reporting of the said MRI scan. Independent expert evidence was obtained from a Consultant Radiologist in England which identified that the tumor was visible on the original MRI scan and measured approximately 5.8 cm. An expert report was also obtained from a Specialist Clinical Oncologist with a particular expertise in urological tumors, which confirmed that had a timely diagnosis being made on foot of the MRI scan then the Plaintiff would avoid the necessity of the removal of his left kidney, fewer cycles of chemotherapy and less invasive treatment. Proceedings were issued against the Consultant Radiologist and Medical Facility and a Defense delivered which admitted the allegations of negligence. The matter was listed for trial but shortly before the matter was due for hearing, a settlement meeting was arranged, and damages wereagreed in the sum of €250,000 and costs in favor of the Plaintiff.
If you have any further queries, please contact Jamie Hart, Partner in our Medical Negligence Group.
10 December 2018