James Bell wins damages for woman prescribed unlicensed drug
Thursday 10 June 2010 by Jonathan Rayner
Who? James Bell, 42, partner and head of clinical and medical negligence at national firm Russell Jones & Walker.
Why is he in the news? Won compensation for a woman whose Harley Street doctor had made her seriously ill by prescribing her an unlicensed drug for three years.
The woman, who does not wish to be named, consulted Dr Brian McDonogh in 2004 for a range of symptoms, including weight gain and fatigue. The doctor diagnosed an underactive thyroid, despite a medical test to the contrary, and prescribed an unlicensed drug to treat what was a non-existent condition. He increased the dosage over three years, and then also prescribed thyroxin, a conventional thyroid replacement medication.
McDonogh’s incorrect diagnosis came to light when the woman’s GP referred her to a consultant, who diagnosed iatrogenic (or doctor caused) thyrotoxicosis. Bell claims that upon hearing that the woman had complained to the General Medical Council (GMC), McDonogh falsified her clinical records in an attempt to influence the outcome of the investigation into his conduct.
The GMC found that McDonogh had made ‘serious and repeated clinical errors in diagnosis and treatment which caused direct patient harm’ and ordered that his name be struck off the medical register. The woman has now received undisclosed compensation.
McDonogh told the Gazette he was ‘very disappointed’ by the findings and was ‘taking time to reflect on the decision’. He said he could not comment further because of patient confidentiality.
Thoughts on the case: ‘The case highlighted the increasingly common practice of falsifying medical records when a clinical negligence claim is pending. I think it also challenges the notion that any doctor who practises from Harley Street must therefore offer a superior service to standard NHS treatment.’
Why become a lawyer? ‘I wanted to empower people by using the law as a remedy for unjust events or decisions, such as when medical errors occur. I remind my clients of Lord Denning’s words (quoting the 17th century churchman and historian Thomas Fuller): “Be ye never so high, the law is above you.”’
Career high: ‘Winning a liability trial in the Court of Appeal that had been rejected as a “no hoper” by a leading barrister, and then winning double the quantum his replacement had recommended we accept. It’s a rare event to be proved right twice in one case.’
Career low: ‘Realising that a judge had a very dim of my carefully prepared case within 30 minutes of the first day of a five-day trial. It was a harrowing lesson for me.’
