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Buachaill
Buachaill, Barrister
Category: Law
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Experience:  Barrister 17 years experience
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my mother was diagnosed with asthma many years ago and has

Customer Question

my mother was diagnosed with asthma many years ago and has undergone treatment at the Brompton Hospital London for more than 2 decades under the professor there.
He recently retired and a new consultant was appointed to review my mothers case, he told my mother that they had made a mistake in the diagnosis many years ago and that shew should have been treated for a bacterial infection not asthma. he also said there was no point in suing the hospital.
is this correct? she has suffered for years because of this and has serious side effects from the steroids given to her.
Submitted: 3 years ago.
Category: Law
Expert:  Buachaill replied 3 years ago.

Buachaill :

1. The issue of whether your mother may sue for medical negligence here depends on whether there was negligence when the diagnosis was made by the professor or subsequently, or whether it is just due to the advance in medical knowledge that the mistake became noticed. From what you say, there is quite a difference between a bacterial infection and asthma, so it suggest that the professor was negligent. However, in order to issue proceedings for medical negligence, you need a supporting expert medical report which holds that there was medical negligence involved. Accordingly, at this stage in order for your mother to ascertain whether there has been medical negligence, she needs to get an expert medical report from a specialist in the asthma/chest infection area. Here she should speak with a solicitor and get him to arrange the medical report and ultimately if she has a good case, she should use this same solicitor to bring proceedings on her behalf. Obviously your mother has suffered terribly due to the side effects of the steroids given, so she would be entitled to money damages if negligence can be shown.

Buachaill :

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