Claire Levene
Solicitor
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Director & Solicitor | Personal Injury & Medical Negligence
Admission of Liability Following Delayed Diagnosis of Retinal Detachment
Phoenix Legal Solicitors recently secured an admission of liability on behalf of a client who, as a result of admitted clinical negligence, lost useful sight in her right eye.
We were instructed by our client to pursue a clinical negligence claim against an NHS Trust following a significant delay in the diagnosis and treatment of a retinal detachment.
Background to the Retinal Detachment Claim
Our client began to experience a reduction in vision in her right eye. Having a history of diabetes, she initially believed that the change in her vision may have been related to her blood sugar levels. She therefore contacted her GP but was unable to obtain an appointment.
The following day, her vision deteriorated further and she was advised by her GP to attend her local Accident & Emergency Department for assessment.
Our client subsequently attended the Defendant Trust. After experiencing a delay in being seen and being told that staff had believed she had gone home, she was eventually assessed by a consultant.
By this time, it was late in the day, and the ophthalmology team was no longer available. Following a brief assessment, our client was discharged with a precautionary prescription for insulin and was supposed to be referred urgently to the ophthalmology team for assessment within 24 hours.
However, the urgent referral was not made, and our client was discharged without any planned ophthalmology follow-up.
Deterioration in Vision Following the Delayed Diagnosis
Over the following days, our client’s eyesight continued to deteriorate until she had lost all useful sight in her affected eye.
After waiting several days for the anticipated follow-up, she attended a local optician. The optician recognised the seriousness of her condition and arranged an urgent referral to the ophthalmology department at her local hospital.
It was then established that her loss of vision was not attributable to her diabetes. Instead, she had suffered a retinal detachment.
Our client subsequently required multiple surgical procedures. Despite these interventions, she was unable to regain useful vision in her affected eye.
Allegations of Clinical Negligence
As part of the claim, it was alleged that the Defendant Trust had failed to:
- Obtain a full and appropriate history regarding the presentation of our client’s visual loss, including the speed of onset, its nature and symptoms such as webs or curtains, pain, headache and/or redness of the eye;
- Discuss the case with, and/or refer our client to, the on-duty ophthalmologist;
- Make an urgent referral to an urgent and/or emergency eye service, which would ordinarily have taken place within 24 hours; and
- Undertake an appropriate examination in the Emergency Department, instead referring our client to the duty admitting medical team.
Consequences of the delay
The delay in diagnosis and treatment had serious consequences for our client.
When she was eventually assessed by the ophthalmology service, the retinal detachment was confirmed and was found to involve the central part of the retina responsible for detailed vision. She was urgently referred to a specialist eye hospital.
At the specialist eye hospital, the examination findings were confirmed. In addition, it was identified that the retina had become scarred.
Complex surgery was subsequently undertaken to reattach the retina, including the injection of silicone oil into the eye.
Unfortunately, the delay in diagnosis and treatment had allowed scarring to develop and progress. Retinal scarring is associated with a poorer visual prognosis and is a principal factor in the failure of retinal detachment surgery.
It was therefore alleged that, had our client received appropriate assessment and treatment sooner, she would have been more likely to retain some useful vision. The delay also materially increased the risk that subsequent surgery would be unsuccessful.
Admission of Liability and £10,000 Interim Payment
In response to our allegations, Phoenix Legal Solicitors recently received an admission of liability from the Defendant Trust, together with an apology from the Trust’s Chief Executive.
The Trust has also agreed to make an interim payment of £10,000 on account of damages to our client. We continue to investigate the full damages our client should receive and we are hopeful that a resolution to the claim will be forthcoming in the near future.
While no financial compensation can restore the sight that our client has lost, the admission of liability provides an important acknowledgement of the failures in the care she received and the impact those failures had on her life.
At Phoenix Legal Solicitors, we understand the significant physical, emotional and practical consequences that can arise from negligent medical treatment. If you or a loved one has suffered an injury or deterioration in health following a delay in diagnosis or treatment, our specialist clinical negligence team can advise you on your options.
0151 306 3694 More about Medical Negligence Claims