The Cochran Firm Legal Blog

In February 2002, Mark Thomas was 12 years old. After being healthy and active all his life and an enthusiastic football player, he started developing ear infections and complained about having a stiff neck. He felt tired a lot and his eyes were extra sensitive to bright lights.

His parents took him to Walsall Manor Hospital (in England’s Midlands), where a doctor did a blood test and sent them home. His symptoms became worse five days later and his parents took him back to the hospital. This time a nurse said, “Are you here again?” and told them they were using emergency services inappropriately because their son’s condition was not serious enough. Mrs. Thomas was told that she was an “over-protective mother”.

Late Diagnosis of Meningitis

His parents asked for a second opinion and that induced somebody to review the blood test results. At this point, meningitis was diagnosed. Now Thomas has permanent brain damage. He has a child’s mind with a poor memory, will never be able to work, and will always need living assistance.

England’s socialized medicine system typically has long waiting lists and high prices (which have driven many English people to use cosmetic surgery tourism, having procedures done in places like South Africa, Belgium, and Cyprus). It is not surprising that Thomas’ parents were told not to use the hospital’s emergency services, as medical services have been under-supplied since this system was implemented after the Second World War.

An Award for Lifelong Care

However, Britain’s National Health Service trust, which runs the socialized medicine system, has accepted responsibility for this failure to diagnose and will pay the $5.35 award (£3.2 million) to Thomas for his lifelong care.

The family’s lawyer, one Tim Deeming, said:

• “If they'd have acted earlier Mark could have been admitted to the hospital, given antibiotics and Mark would have been fine.”

Thomas’ mother stated: “My son had to learn to walk again, eat, it was just like having a baby again”. His father added: “He had to have speech language therapy. We didn't know if he could see or hear.” The Thomas family hopes that this story will encourage other parents to trust their own instincts and press for second opinions, because doctors can miss the tell-tale signs of serious illness.

Delayed diagnosis and failure to diagnose are types of medical malpractice. If you have suffered avoidable harm because medical professionals did not diagnose your condition promptly enough, you may have a valid legal claim.

Please contact our medical malpractice attorneys today if you would like to schedule a free case review. Our offices are nationwide to serve you.

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