The Leicester Epilepsy Alternative Dispute Resolution Protocol is the approved Protocol set up specifically to deal with claims resulting from care provided by a Paediatric Neurologist working in Leicester hospitals over a number of years, during which he negligently misdiagnosed hundreds of children as suffering with epilepsy.
Mr D began to display behavioural difficulties at around age 7. He made slow progress at school and was known to be aggressive at times. Mr D’s mother reported her concerns relating to Mr D’s behaviour and he was referred to the local Psychiatry team at the age of 9. It was felt that there were elements of Attention Deficit Disorder and the possibility of a cognitive impairment was also considered. Mr D was therefore sent for EEG testing and to be seen by a Paediatric Neurologist.
Following the results of the EEG, the Paediatric Neurologist diagnosed Mr D with temporal lobe epilepsy and prescribed anti-epileptic medication at a slowly increasing dose. Mr D continued to take the anti-epileptic medication for more than 2 years.
He was then informed that, as part of a review of all patients under the care of this particular Paediatric Neurologist, Mr D’s diagnosis had been reviewed and he did not have epilepsy, and never had done. Treatment was then stopped just over 2 years after it had started.
It was only after this time that Mr D was finally diagnosed with Attention Deficit Disorder and appropriate treatment for the condition was commenced.
Mr D instructed Nelsons Solicitors to represent him in a claim of clinical negligence and his case was accepted onto the Leicester Epilepsy Alternative Dispute Resolution Protocol.
Following a Protocol Panel Hearing with three experts; a Paediatric Neurology expert, a Paediatric Psychiatric expert and an Educational Psychology expert, it was concluded that the Paediatric Neurologist had:-
- Negligently diagnosed Mr D with epilepsy;
- Negligently failed to discharge Mr D back to the care of the Psychiatry team for treatment of his Attention Deficit Disorder; and
- Negligently prescribed unnecessary anti-epileptic medication over the course of 2 years.
It was accepted that the negligence had resulted in Mr D undergoing unnecessary EEG testing, a delay in the diagnosis of his Attention Deficit Disorder and a delay in the appropriate treatment.
Following the Panel Hearing, an offer was made to the Defendant Trust responsible for the Paediatric Neurologist’s actions to settle Mr D’s claim, which was accepted.
Mr D was represented by Danielle Young at Nelsons Solicitors. If you would like more information or advice on pursuing a claim for compensation, please contact a member of our Medical Negligence team on 0800 024 1976.