A 79-year-old patient, who already had reduced vision in both eyes, was advised to go immediately to her local accident and emergency department by her GP after experiencing double vision and worsening sight in her left eye.
When seen at Hull Royal Infirmary Eye Hospital, she was diagnosed with Macular Oedema, a swelling of the retina at the back of the eye which can cause permanent loss of vision if left untreated for a long period.
She was told she needed an urgent medical retina review, but despite national guidelines stating she should be seen within two weeks, it was 10 weeks before she was seen again.
By this time she was unable to read a standard eye test chart and was unable to count fingers held up just a metre away from her.
Despite undergoing a year-long course of treatments through injections, her sight never improved and she now has a total loss of central vision in her left eye.
Legal claim alleged breach of duty for delays
As part of a legal claim, led by our medical negligence team at Hudgell Solicitors, it was alleged that with prompt review treatment – meeting national guidelines – it was likely the patient’s vision would have been stabilised and not deteriorated further.
That would have meant she would have been able to see objects at six metres away with her left eye, which people with normal eyesight would see from 24 metres.
The woman, now 82, who has lived alone since the death of her husband eight years ago, has relied heavily on her son to help her with daily chores and shopping since losing the sight in her left eye.
As part of the legal case, costs for that care and support was included when assessing the damages value.
The woman says she has since found it difficult to read, which she used to enjoy, as the central blind spot in her left eye interferes with the vision from her right eye. She has also had to change her cooker from gas to electric for safety reasons.
“This has had a big impact on my life. I don’t really venture out much now and my son has to do an awful lot for me,” she said.
“At home I have needed to have bright stickers put on the buttons of my kitchen appliances, and bright lights under the cupboards to shine on the worktops so that I can see as well as possible. I’ve also needed to use a special cup which makes a noise when I fill it with hot water to tell me it’s full.
“I can’t really read anymore, which I really used to enjoy. I have to close my left eye fully and tilt my head. If I close my right eye I can’t see anything at all. When I look to the window I can see some colour, but not much.
“It is really frustrating to be told that had they acted straight away, and treated me after a couple of weeks, my eyesight would be better. I’m not sure how these mistakes happen as I was told it would be two weeks and then the call never came.
“I did actually call the hospital at one stage when a few weeks had passed and the person I spoke to said I’d have to wait as it was the consultant’s decision. I didn’t really see it as my role to be chasing them, I trusted that they knew what they were doing and that it must not have really mattered to wait a bit longer. This shouldn’t happen.”
Delay led to condition ‘worsening beyond repair’
Senior Solicitor Matthew Gascoyne agreed the settlement with representatives of Hull University Teaching Hospitals NHS Trust, without the need for the matter to be heard in court.
The Trust admitted breaching its duty of care in leaving a 10-week period between an urgent review being requested at the eye hospital in February 2019 to the patient finally being seen in May of that year, meaning treatment was not started in a timely manner.
He said: “This was a case where, had national guidelines been followed, treatment would have been provided to prevent this lady’s eyesight worsening.
“The GP had acted properly in advising the lady to attend at A&E, and that department quite rightly then referred straight on the specialist eye clinic. There, the condition was diagnosed, but the break in the chain came between the referral and seeing a specialist, causing a 10-week wait, during which time the condition worsened to beyond repair.
“As part of the case we sought independent opinion for an experienced ophthalmology expert, who said the delay amounted to substandard treatment, and that had appropriate treatment started within two weeks, vision in the left eye would have been stabilised.
“The impact on our client’s overall sight has been significant and she now needs daily assistance from her son, who visits her regularly to do a large amount of the household chores, and does all of her shopping for her, as she can’t make out the money in her purse, and can’t read the labels on products.
“We were pleased to secure this settlement for her.”
The woman added: “I’ve been delighted with the support I have had from Hudgell Solicitors. It was a bit daunting for me to take legal action but they talked me through everything and reassured me. They were ever so patient with me as I was always asking questions, but it was never a problem and I am happy with the final result.”
No matter how high the standards of care and treatment in our health services, things can sometimes go wrong.
Medical negligence occurs if you receive substandard treatment by a medical professional, whether that’s directly causing an injury, or making an injury or condition worse.
Medical negligence can also happen if you are misdiagnosed, receive the wrong treatment, or a mistake is made during surgery.
No win no fee medical negligence solicitors
Whether you or a loved one has undergone an injury or illness or experienced a worsening of a pre-existing condition due to medical negligence, contact our no win no fee medical negligence solicitors. With our no win no fee policy, you’ll only be liable for a pre-agreed percentage of your compensation if your case succeeds.
