We helped Stuart* secure a six-figure compensation settlement after he was misdiagnosed with a diastolic heart failure. This misdiagnosis meant Stuart went through 16 years of unnecessary treatment.
What happened to Stuart?
In 2002, Stuart, a nursing cadet, was suffering with left sided chest pains and breathlessness after exertion. He visited his GP, who noted he had high blood pressure and told Stuart to rest.
Stuart’s symptoms continued, and he was referred to the Rapid Access Chest Pain Clinic on 25 July 2002. During the treadmill tests, he collapsed and was told to lose weight by the specialists. They also referred him to a cardiologist.
In January 2003, Stuart had an echocardiogram taken at Russell Halls Hospital. Following more tests, Stuart was told he had heart failure and would need to be on medication for the rest of his life.
Two years later, he was formally diagnosed with heart failure. Stuart received a letter stating that the average survival time for this diagnosis is five years.
He was treated with diuretics and beta blockers but still had breathlessness, tachycardia, ankle oedema, weight swings, and stomach distension.
Up until 2019, Stuart would continue treatment for heart failure. During that time, he experienced lots of issues, including deteriorating renal function.
In 2017, medical professionals discussed Stuart’s case, and it was agreed that there was no clear evidence of heart failure. They agreed that the breathlessness was due to Stuart’s increasing obesity rather than heart failure. Stuart was weaned off diuretics and eventually stopped taking them in April 2021.
How has this affected Stuart’s life?
Stuart experienced significant psychological distress after being told he only had years to live. He’s been diagnosed with major depressive disorder.
Because of the misdiagnosis and the medication he was taking, Stuart couldn’t work as a nurse. At the time, he was working to gain his Nursing Cadetship, which he was unable to finish.
Stuart’s also now restricted as to what he can do socially. Due to his misdiagnosis, he still struggles with breathlessness, which makes leisure activities hard to do.
How did we help?
Stuart came to our medical negligence team to get compensation for his misdiagnosis and loss of earnings.
Rosalie Reading led the claim for Stuart. She first spent time with Stuart, understanding what had happened over the 16 years since his misdiagnosis.
We took Stuart’s claim to the Dudley Group NHS Foundation Trust, who were responsible for his injuries. Although they accepted fault for the injuries, they disputed certain aspects of our case, such as causation and prognosis.
The Trust originally proposed to settle the case for £15,000, which we declined. They later suggested the claim value to be just over £400,000. We continued to argue that, considering his pain and suffering, and past and future losses, Stuart should get more. We were able to settle the claim at £750,000.
The compensation Stuart got will be used, amongst other things, to pay for psychological therapy and make sure he’s supported for the rest of life.
On Stuart’s claim, Rosalie said: “What happened to Stuart is extremely sad and concerning. The continued misdiagnosis cost Stuart his job, which he had worked hard to get into. It also drastically changed his outlook on life, as he thought he just had five years to live.
“The compensation Stuart received will help him move on with his life and make up for a significant loss of earnings over the 16 years. I’m happy to see he’s beginning to move on with his life and finding new hobbies to enjoy, such photography.”
*Client’s name has been changed.
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