Cases against
medical practitioners are often based on failure to diagnose a condition or
injury early enough. Delay can often have disastrous consequences resulting in
severe injuries or even death.
In the case
of Kate Woodward the damage caused by the delay was unusual but very severe
none the less. She suffered from a pituitary tumour which went undiagnosed for years and which caused her to have a
massive growth spurt. She is now 20 and is 6’ 5” tall. She alleged that this
had ruined her plans to become an actor and she that will also need medical
care for life. How do you put a figure on that?
The case
came before the High Court this week and she was awarded £1.3m. The reasoning
of the judge was that her entire life had been massively affected by the
condition –
"My assessment is that the claimant's life has
undoubtedly been severely affected to a very great extent and will always be
very different from what she might otherwise reasonably have expected to look
forward to. That will result in a substantial award."
Now whilst
that might look like a lottery win it just about compensates for a lost career
and a lifetime’s medical care. The trust had admitted negligence but disputed
the amount of compensation.
This is one
of many cases where a victim achieves justice following blunders by doctors. We
are bombarded on all sides by rhetoric from politicians and the media that
there is a compensation culture. These relentless attacks on victims create a
belief amongst claimants that it is somehow their fault, that they are causing
a drain on limited NHS funds.
But if a person’s
life is ruined by the negligence of those who should care for her then they
should be entitled to proper compensation from the state.
I have said
this before and will say it again – it is a scandal that after April it will be
impossible to get Legal Aid for a case like this. The alternative to legal aid
has been no win no fee agreements but from the same time claimants could lose
up to 25% of their damages in many cases.
If ever
there was a case which demonstrated the injustice of these changes it is this.
Unfortunately, poor journalism has given the misleading impression that this young woman's problems relate mostly to her excessive height and thwarted ambitions to be an actress.
ReplyDeleteThe condition Kate Woodward suffers from, acromegaly gigantism, has many severely debilitating and life-shortening symptoms, and she faces a difficult future.
This news story brings into question whether doctors and hospitals should have a financial responsibility for late diagnoses, especially in cases of gigantism/acromegaly, where the delay in diagnosis can be many years, mostly because the presenting symptoms are not recognised in a timely manner (even though some of the symptoms should be blindingly obvious).
Sadly, most patients with acromegaly are diagnosed late, often with devastating consequences that can and do ruin lives. Only in exceptionally rare circumstances will these patients receive any financial compensation for the missed opportunities at achieving an early diagnosis that could have resulted in a cure.
See: Millions might unknowingly suffer from growth-hormone disorder
http://www.healthcanal.com/disorders-conditions/20455-Millions-might-unknowingly-suffer-from-growth-hormone-disorder.html
Thnaks Jon for that useful and helpful comment..
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