Failure to Diagnose Retinopathy of Prematurity (ROP)

Our client was born by emergency caesarean section at a gestation age of just 25 weeks. When he was born, he weighed just 600 grams.

Due to his prematurity, our client was deemed to be at risk of Retinopathy of Prematurity (ROP) and was initially examined. No signs were seen, but those treating him failed to reassess him, leading to the development of ROP.

Our client received emergency laser eye treatment but still lost vision in his left eye.

Our approach

This claim was particularly complicated as, due to our client’s prematurity, he also suffers from cerebral palsy and restricted movement. We argued that the potential for him to develop ROP should have been taken more seriously, and more checks should have been carried out. In our opinion, such checks could have saved the sight in his left eye.

We used experts from the fields of Paediatric Neurology, Occupational Therapy, and Paediatrics to support the claim.

The outcome

The hospital admitted liability and apologised to our client and his family, and he received a large award. This award will allow him to receive the care and therapy he needs for the rest of his life, and allow his family to purchase suitable single-storey accommodation to meet his physical needs.

The case in detail

Our client was born by emergency caesarean section at a gestation age of just 25 weeks. He weighed only 660 grams. For the first few weeks of life he was critically ill with many life-threatening disorders. Because of his prematurity, our client was at risk of developing Retinopathy of Prematurity (ROP). He was initially examined by the Consultant Ophthalmologist. There were no signs of ROP. However, there should have been a further review by the Consultant Ophthalmologist but this review was not undertaken and when he was eventually examined ROP was detected. It was necessary for him to receive urgent laser treatment. Unfortunately, the ROP in his left eye had progressed and the eye was blind, but it was possible to save some of the vision in his right eye.

This was a complex claim to investigate, especially when there was a risk of ROP in any event, but it was possible for the expert team at Fletchers to prove through independent expert medical evidence that the ROP could and should have been detected earlier. Had it been detected and treated earlier, our client would have retained some useful vision.

The claim was further complicated because our client had other injuries due to his prematurity, including restricted mobility and mild cerebral palsy.

We were able to secure an admission of liability from the hospital, which also apologised to our client and his family. Quantifying the claim was difficult because of his other medical problems, but with the aid of experts in the fields of care, Paediatric Neurology, Occupational Therapy, Paediatrics, and accommodation it was possible to secure a large award. This award compensates our client for the loss of vision and will provide the additional care and therapy assistance he needs for the rest of his life. It will also allow his family to purchase single-storey accommodation fully adapted to meet his physical and visual needs.