Liability settlement following delay in diagnosing stroke at Royal London Hospital
Out eating lunch with a friend, Tabatha* found she had difficulty lifting her left hand and was bumping into things. She called her husband who noted she was slurring her words. Her GP advised she attend A+E at the Royal London Hospital where she was admitted.
A CT scan of her head was performed at 18:18 the same day and she was transferred to the Stroke Ward. It was noted that Tabatha was speaking strangely, acting aggressively and had left sided weakness.
A junior doctor reviewed the CT scan and felt it was normal. Tabatha was advised she had a functional weakness and the plan was to discharge her home.
Before discharge could be finalised, Tabatha's haemoglobin level was found to be abnormal and she was therefore kept in for observations. Overnight, it was noted that she had been agitated and that she had weakness on the left arm and leg.
Tabatha was seen in the morning ward round and told that while her symptoms looked like a stroke, they were not and the imaging confirmed this. She was discharged home.
Prior to her discharge, a more senior clinician had reviewed the CT scan and felt that it was not in fact normal but revealed a potential acute infarct.
The following day Tabatha was at home and felt a sudden electric shock sensation going through her left arm. She collapsed and was taken by ambulance to Princess Royal Hospital before subsequent transfer to Kings College Hospital where she remained for several weeks before being discharged with physical and cognitive deficits due to suffering a brain haemorrhage.
Mark Bowman was initially instructions by Tabatha, and latterly Tabatha's husband once it became clear Tabatha lacked capacity due to her injuries. Reports were obtained from an expert neuroradiologist, neurologist and stroke physician to investigate the claim.
The claim was that there were clear and worrying signs on presentation to the Royal London Hospital that mandated a full neurological examination. There was also a failure to ensure the CT scan was reviewed by a radiologist within a certain time. Competent reporting of the scan would have led to a CT angiogram or MRI scan being performed before a decision could be made to discharge Tabatha, pending which Tabatha required anticoagulation with heparin, to prevent any further bleed in the brain.
The Defendants disputed liability throughout the claim, and the case was due for a liability only trial in February 2025. In December 2024, the parties conducted settlement discussions to try to resolve the matter before trial.
It was clear that it was highly likely that Tabatha could prove that she should have been commenced on heparin and should have undergone further scanning to assess the extent of her initial injury. What was however much harder to prove was the effect that the heparin would have had, particularly whether it would have prevented the collapse two days later.
Experts on Tabatha's side were confident this could be proved, based on their own experience but with no support from the literature. Defendant experts felt it was impossible to prove that heparin would have made a difference within such a short timeframe, again based on their experience as opposed to the literature.
Tabatha was therefore effectively left with a 50/50 chance of succeeding with her claim depending on whose experts the Court preferred.
Mark was instructed to accept a final offer from the Defendants to provide Tabatha with 55% of the compensation she is subsequently awarded, which was approved by the Court in February 2025.
Tabatha's claim will now be quantified over the next two years and she already has a case manager in place. Interim funds mean she will receive treatment and move to more suitable accommodation.
Tabatha's litigation friend said:
"After the initial process of having to call to see who could best represent Tabatha, she called several rude and insincere law firms which left her feeling depressed and demoralised. That is until she came across Fieldfisher.
"She had no hesitation choosing Mark due to his caring character and he was patient and considerate… She instantly knew she was in the right hands.
"Throughout the case, we have always had the same members within the team which is reassuring to know as every person is knowledgeable and consistent in their approach.
"Tabatha added she would have no doubts choosing Mark and the team to represent her again and I’d strongly agree with this. Thank you so much Mark and all that work on Tabatha’s case. We could not have done it without you."
* Name changed
Contact us
For further information about stroke misdiagnosis claims and delayed treatment claims, please call Mark Bowman on 03304606794 or email mark.bowman@fieldfisher.com.
Alternatively
- You can speak to our medical negligence lawyers on freephone 0800 358 3848
- email us: personalinjury@fieldfisher.com
- Complete the short online enquiry form
All enquiries are completely free of charge and we will investigate all funding options for you including no win, no fee. Find out more about no win no fee claims.
