£12,500 for hospital misdiagnosis leading to psychological trauma

Maria* attended her GP with symptoms of hot flushes, night sweats and absent menstrual cycle. The GP correctly referred her to the hospitals Endocrinology clinic where, following some blood tests, she was diagnosed with an autoimmune disease causing Premature Ovarian Failure (POF). Ms J was placed on Hormone Replacement Therapy (HRT).

Maria, who was in her twenties at the time, was devastated to receive this news. She was left having to worry not only about the nature of the underlying autoimmune disease but also the implication of the POF diagnosis in the context of her future fertility.

Maria lived with this diagnosis of POF for almost 2 years before she was seen by a different consultant and advised that there were no indications in her test results to suggest POF. In short, Maria was advised that she did not have and had never had POF.

Although Maria was delighted to receive this news, significant psychological harm had been caused in the two years during which she had lived with the diagnosis.

Maria instructed Aston Knight Solicitors to investigate her claim and, following relevant records being obtained, we sought the opinion of a Consultant

Endocrinologist expert witness who advised that the misdiagnosis amounted to negligence.

We then arranged for Maria to be seen by a renowned Consultant Psychiatrist to provide a report addressing the psychological impact of the misdiagnosis. Ultimately, it was decided that the misdiagnosis had led to a worsening of Maria’s underlying PTSD and depressive disorder.

The Defendant Trust admitted liability and admitted that the misdiagnosis would be ‘distressing’ to Maria. It was the compelling evidence of our Psychiatrist expert which persuaded the Defendant that a psychological injury had been caused and enabled us to negotiate a settlement in the sum of £12,500.

Andrew Thompson, solicitor, who dealt with the case, comments:

“This case highlights that physical harm is not a prerequisite to bringing a successful clinical negligence claim. The misdiagnosis caused this psychologically vulnerable client to experience a worsening in her mental health. The key to success in this case was instructing a reputable Psychiatric expert who took time to understand the client, her background history and, therefore, the impact the misdiagnosis had upon her. The misdiagnosis was more than just ‘distressing’ and, in the end, we were able to establish this with evidence.”

*name substituted to protect client confidentiality