Marcus v Medway Primary Care Trust & Anor

Marcus v Medway Primary Care Trust & Anor

On the balance of probabilities, the defendants' breaches did not cause the amputation, as by the relevant dates the limb was already unsalvageable; however, the claimant is entitled to damages for avoidable pain and suffering caused by delayed referral and inadequate analgesia.

Parties
Claimant: Sebastian Marcus; First Defendant: Medway Primary Care Trust; Second Defendant: Dr Ashiq Hussain
Jurisdiction
England and Wales
Judgment Date
22 July 2010
Procedural Posture
Civil / Judgment After Trial on Causation and Quantum
Outcome
Claim partly allowed; damages for pain and suffering only.
Legal Topics
Causation, Breach of Duty, Damages, Pain and Suffering, Medical Malpractice
Medical Negligence Tort Law Causation Breach of Duty Damages Pain and Suffering Medical Malpractice

Case Brief

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Parties

Sebastian Marcus

Claimant

Medway Primary Care Trust

First Defendant

Dr Ashiq Hussain

Second Defendant

Procedural Posture

Civil / Judgment After Trial on Causation and Quantum

Legal Issues

  1. 1 Whether the defendants' admitted breaches of duty caused the claimant's amputation or only additional pain and suffering
  2. 2 Whether earlier intervention would have prevented amputation or only reduced symptoms
  3. 3 Whether anti-coagulant therapy or surgical intervention could have saved the limb if provided earlier

Ratio Decidendi

On the balance of probabilities, the defendants' breaches did not cause the amputation, as by the relevant dates the limb was already unsalvageable; however, the claimant is entitled to damages for avoidable pain and suffering caused by delayed referral and inadequate analgesia.

Court Disposition

Claim partly allowed; damages for pain and suffering only.

Orders

  • The claimant is awarded £2,000 in general damages for pain and suffering: £1,500 jointly and severally against both defendants for 22 days, and £500 against the second defendant alone for an additional 6 days.
  • Apportionment between defendants provisionally set at £750 (first defendant) and £1,250 (second defendant), subject to further submissions.