Worthingtons Solicitors

Court awards damages in neurology case

Judgment was handed down on 3rd October 2024 in an action for damages brought by a former patient of Dr Michael Watt, Consultant Neurologist. The Court awarded £50,000 in damages to the Plaintiff who had been a patient of Dr Watt in both a private and NHS capacity.

The Plaintiff had attended neurology services for the first time in 2015 reporting symptoms including headaches, photosensitivity, dizziness and nausea. It was thought she had a headache condition and she was prescribed a course of nerve block injections which provided only temporary relief.

By June 2016, symptoms had returned and the Plaintiff attended with Dr Watt as a private patient and was diagnosed with spontaneous intracranial hypotension (SIH) which she was advised could be treated by an epidural blood patch. The Plaintiff was referred for the blood patch treatment under the NHS and attended at the Royal Victoria Hospital for the procedure, which involves injecting blood into the spine, in November 2016. The Plaintiff reported pain during the procedure and requested that the procedure be stopped midway through. She was advised to lay prone for a brief period before returning home. The Plaintiff reported headaches following the procedure as well as increasing pain in her right leg.

She instituted a claim against both Dr Watt and the Belfast Health and Social Care Trust.

The Court heard evidence from the Plaintiff and various medical experts at Hearing in April 2024. Ultimately the Court concluded that it was negligent to diagnose the Plaintiff with SIH in June 2016 and highlighted a number of breaches of duty in and about the performance of the epidural blood patch.

There was a debate at Hearing as to the division of responsibility for the failures identified by the Court as and between the Belfast Health and Social Care Trust and Dr Watt in his private capacity. The Court ultimately decided that it was appropriate to apportion liability in a 50:50 basis.

This is the first published judgment relating to cases arising from the 2018 recall of patients treated by Dr Watt. Worthingtons are currently representing a number of former patient of Dr Watt and we welcome the judgment and guidance it will bring in future cases.

If you or someone in your family wishes to enquire about a potential action against Dr Watt or the Belfast Health and Social Care Trust, please contact Claire McDaid on 02890434015 or email [email protected] to discuss.

For expert legal advice

Call 028 9043 4015 or Contact us