The medical negligence team at McElhinney & Associates recently represented the family of a wrongful death action.
The deceased was admitted to the Defendant’s hospital and thereafter underwent a CT scan of the thorax, abdomen and pelvis (CT TAP) which was reported as normal apart from emphysematous changes in the lungs.
However, in fact, the CT TAP showed an irregular 11 mm mass pulmonary in the right middle lobe which was contacting the right superior pulmonary vein. This finding was missed and/or not reported upon..
The deceased was discharged from the Defendant’s hospital in 2017 with further cardiological and gastroenterological follow ups for his coronary artery disease and colonic issues only.
In 2020, the deceased was again admitted to the Defendant’s hospital with symptoms of diarrhoea, anorexia and lethargy.
The deceased underwent a CT TAP and the deceased was diagnosed with extensive lung cancer of the middle lobe and intrathoracic lymphadenopathy and abdominal bone metastases.
The stage at presentation was T4.
The deceased underwent a CT guided bone biopsy performed from the right iliac bone lesion which confirmed metastatic spread from primary lung adenocarcinoma.
At that stage, only palliative treatment was available to the deceased and he subsequently passed away.
The team at McElhinney & Associates procured reports from consultant radiologists, oncologists and respiratory physicians to ground the pleading of negligence and/or breach of duty by the Defendants.
The HSE filed a full Defence whilst acknowledging that on “retrospective review” the CT TAP showed a nodule in the middle lobe of the right lung. However, denied negligence and/or breach of duty to the effect that it was not negligent for the radiologist to have missed the said nodule and not to have reported its presence.
The team at McElhinney & Associates pursued a claim on behalf of the Deceased’s wife for solatium pursuant to the Civil Liability Act 1961, together with loss of dependency and loss of financial dependency.
Despite the presence of a full Defence, the HSE invited the Plaintiff for mediation, and settled the plaintiff’s case.
Disclaimer
In contentious business, a Solicitor may not calculate fees or other charges as a percentage or proportion of any award or settlement.
This information is for guidance purposes only. It does not constitute legal or professional advice. Professional or legal advice should be obtained before taking or refraining from any action as a result of the contents of this publication. No liability is accepted by McElhinney & Associates for any action taken in reliance on the information contained herein. Any and all information is subject to change.
About the Author
Jolene McElhinney, BBLS, Principal Solicitor
Jolene McElhinney is the founding principal of McElhinney & Associates, renowned for her expertise in employment law and personal injury claims across the North West of Ireland. With a distinguished academic background and over a decade of experience, Jolene is dedicated to providing personalised, expert support to her clients, ensuring they navigate the complexities of the legal landscape with confidence and clarity.
