AZ v Royal Free London NHS Foundation Trust
Facts of the case
Our client was required to attend for an MRI scan at the Trust for an unrelated arm injury and attended on 7th October and attended the Royal Free London NHS Foundation Trust.
She was aware that her right elbow was in contact with the side of the scanner but was reassured when she raised this with the radiographer.
Within a short time of the scan commencing, our client pressed the buzzer to highlight to the radiographer that she was cold. Adjustments were made to the fan on the scanner and she was given a blanket but the blanket did not extend between her elbow and the side of the scanner.
The Scan continued and our client complained of her elbow burning but she was simply given some tissue by the radiographer and further adjustments were made to the fan.
She began to experience burning to her right forearm but when notifying the radiographer of this she was advised that the scan was almost at an end and upon conclusion of the scan, the radiographer advised her to apply creams and consult with her GP.
She sought advice from her GP and accordingly attended the A&E department of the Trust for treatment on 08th October and advice was given to manage her injury.
She went on to suffer internal symptoms in her arm and her symptoms were vulnerable to heat stimulus and clothing.
Gregory Abrams Davidson Solicitors were instructed and we obtained Independent expert evidence from a radiologist. We also obtained the Trust’s MRI protocol, which demonstrated that the Trust had not complied with their own protocol in ensuring the correct positioning of our client, and padding should have been provided to ensure that contact was not made.
A formal Letter of Claim was sent and the Trust admitted liability and accepted that our client had suffered burn injuries as a result of failures on the part of the radiologist. However, they required our client to prove the extent of her injuries arising from the MRI burn.
Independent evidence was therefore obtained from a Consultant Plastic Surgeon to assess the extent of the damage and the long-term prognosis. Thereafter a negotiated settlement was reached without the need to commence Court proceedings.