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Recent misdiagnosis case of note: Plaintiff -v-HSE

The Plaintiff’s medical negligence claim relates to a failure to properly diagnose or delay in diagnosis of a tumour on the side of his face (in the parotid gland). Berwick Solicitors represented the Plaintiff in this case. 

Our client presented to his GP with swelling in the region of his left parotid. The GP correctly identified that the best course of action was to refer our client for scan imaging. An x-ray was performed, and a small calcification was projected over the parotid gland suspicious of parotid calculus. The Plaintiff complained that the swelling was increasing in size and was constant and he was informed that an MRI of the left parotid gland would be arranged with the radiology department. It was however decided that a CT scan would be more appropriate. Unfortunately, a breakdown in communication followed, and neither an MRI nor a CT scan was performed until 14 months after the x-ray. 

The Plaintiff had a standard parotidectomy performed and histology confirmed mucoepidermoid carcinoma. The Plaintiff’s wisdom teeth were removed under general anesthetic and subsequently, our client had radiotherapy. 

Expert reporting was procured by Berwick Solicitors from a Consultant Maxillofacial who opined that the manner of treatment breached the duty of care owed to our client.  

The Defendant accepted fault for the injury and ultimately the case was settled prior to the trial date for damages plus costs.