Settlement for delayed diagnosis of stroke management at Croydon University Hospital | Fieldfisher
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Case Study

Settlement for delayed diagnosis of stroke management at Croydon University Hospital

Arti Shah recently settled a case on behalf of Andrew* in his second claim against Croydon Health Services NHS Trust, three years after receiving negligent treatment under the care of a different department at the same Trust.

Andrew had already contacted the Trust directly, but had not received a suitable response. He instructed Arti to look into the matter while his original case was ongoing.

In early June, Andrew experienced an episode of dizziness with vomiting, weakness and shivers. He collapsed in his car as he was leaving to go to work in the early morning and paramedics were called. He was transferred to Croydon Hospital on 9th June, where he was seen by a nurse, and then assessed in A&E. Following examination, he was diagnosed with a condition called BPV (benign positional vertigo). A note was made to rule out a central neurological cause and, following senior doctor review, Andrew was discharged home.

Andrew continued to feel unwell. However, he had been reassured by the A&E attendance, and so did not seek further advice.

Three days later, Andrew went to his GP, reporting similar symptoms to those described previously. He now also had symptoms of slurred speech and unsteadiness, particularly on his left side. The GP gave him a letter and advised to go straight to hospital, which he did.

After three hours, he was admitted with a CT head scan planned. He was to be medically treated as having a stroke. Various investigations followed over the next few weeks, including four CT scans and three MRI scans and Andrew treated as having had a stroke.

He remained in hospital for over a month, before requiring significant input from a rehabilitation team, including physiotherapy, occupational therapy, speech and language therapy and neuropsychology input. Despite remarkable progress, Andrew unfortunately continues to have difficulties with his speech and memory.

Arti wrote to the Trust, setting out that BPV had been the wrong diagnosis and Andrew should have been kept in for observation. If he had been appropriately treated, he would have been reviewed and admitted and undergone imaging the same day, as well as being commenced on medication. His stroke would have been diagnosed the same day, and he would have avoided the deterioration he suffered by the time he re-presented three days later, as well as had a better outcome. 

In response, the Trust admitted that with admission to the stroke unit and treatment with aspirin on 9th June, Andrew would have been in a better position on 12th June and would not have deteriorated as he did by that point. They did not accept that he would have had a better long term outcome.

Settlement was reached shortly after the response was received, allowing Andrew to put this second unfortunate chapter behind him.

At the end of the case, he said:

"A few years ago I had an operation to reverse a stoma bag which did not go well. I had a negligence claim with a solicitor who was retiring and he said he had the perfect person to take my case forward. So I got to know Arti and her brilliant team, from brilliant barrister Pritesh to the many experts who were so knowledgeable. I used to be a bit stunned at how they knew the case so well, every important detail. To put a long story short, she left no stone unturned and secured a six figure payout.

Unfortunately not long after, I had a stroke after being sent home from Croydon Hospital. I sent them a letter explaining that if they had assessed me properly when I first attended, things might be a bit different for me. I got no response which was very disappointing on my side. I was in contact with Arti regarding this and she agreed to look into it for me. Shortly after writing to them, and to my surprise, they wrote back admitting that I should have been admitted for further testing. They made an offer that I accepted to move on with my life.

I will be forever grateful for the work Arti and her team provided, and the way I was kept updated from start to finish……excellent service and I would have no hesitation in recommending Arti."

* name changed

Read more about Andrew's previous case.

Contact us

For further information about delayed diagnosis claims and medical negligence compensation claims, please call Arti Shah on 03304606739 or email


All enquiries are completely free of charge and we will investigate all funding options for you including no win, no fee. Find out more about no win, no fee claims.

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