Leigh Day investigation into man’s medical history uncovers missed diagnosis

Matthew Thompson was born in 2004 and following a series of complications during childbirth was later diagnosed with epilepsy and learning difficulties. In connection with these diagnoses, Matthew had an MRI scan that suggested that he had suffered a hypoxic brain injury (resulting from a reduced oxygen supply to the brain) when he was born.  

Given the concerns about the circumstances in which he was born, Matthew’s family approached Leigh Day to investigate a potential clinical negligence claim.

As part of her investigation, Lauren obtained reports into the standard of care given to Matthew and his mother, Louise, from an expert obstetrician and a neonatologist. The report noted several missed opportunities to ensure Matthew’s delivery happened safely and to give Louise an emergency caesarean section when she did not respond to attempts to induce labour. The obstetrician observed that Matthew should have been delivered more than three hours earlier than he was.  

A further report, requested by Leigh Day and conducted by a neuroradiologist (a doctor specialising in imaging of the brain, spine and nervous system) found Matthew had two abnormalities that were previously missed by clinicians: an abnormality in the corpus callosum indicating a mild callosal dysgenesis (a developmental malformation of the part of the brain that connects the two hemispheres) and a signal change in the midbrain, most likely the result of a benign low-grade glioma (a type of brain tumour made up from supportive tissue of the brain). Neither of the abnormalities are linked to a hypoxic brain injury, but both could be the cause of Matthew’s epilepsy and it was possible that the glioma required treatment.  

Matthew’s family were informed of these findings, which they had never been made aware of before, and were provided with a letter from the neuroradiologist that they could provide to his medical team to prompt further urgent investigations, including a new MRI scan. 
Fortunately, the new MRI scan suggests that the glioma is stable and does not require treatment and so the delay in diagnosing these abnormalities has not made Matthew’s symptoms worse.

Whilst a clinical negligence claim could not be pursued in this case and experts agree that diagnosing these abnormalities earlier would not have made a difference to the care Matthew received, the investigation conducted by Leigh Day has provided Matthew and his family with long-overdue clarity about his health and the opportunity to seek further medical investigations.

Matthew’s mother, Louise, said:

“I am really pleased that, after nearly two decades, we now know about Matthew’s conditions and are in a position to seek further medical advice about them. This simply would not have happened without the work of the team at Leigh Day.”

Leigh Day partner, Lauren Tully, who represented Matthew, said:

“Matthew and his parents have been through so much since his diagnosis of epilepsy and I am incredibly proud to be able to provide them with more clarity about the cause.  

"I hope that the knowledge they have gained will improve the support and medical treatment that Matthew receives and also that the light we have shone on the mistakes made in the medical care Louise and Matthew received improve the care that other patients receive. ”