Marcus v Medway Primary Care Trust & Anor [2010] EWHC 1888 (QB) (22 July 2010)

Marcus v Medway Primary Care Trust & Anor [2010] EWHC 1888 (QB) (22 July 2010)

Both defendants admitted breach of duty in failing to secure timely referral for vascular assessment. The court finds, on balance of probabilities, that earlier intervention would not have prevented amputation but would have alleviated pain and suffering for defined periods. Claimant entitled to general damages for avoidable pain caused by defendants' negligence.

Citation
[2010] EWHC 1888 (QB)
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
Clinical Negligence / Judgment After Trial on Causation
Outcome
Claim succeeds in part; claimant entitled to general damages for pain and suffering due to delayed referral, but not for loss of limb.
Legal Topics
Clinical Negligence, Causation, Duty of Care, Medical Malpractice
Tort Medical Law Clinical Negligence Causation Duty of Care 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

Clinical Negligence / Judgment After Trial on Causation

Legal Issues

  1. 1 Whether earlier referral/intervention by defendants would have avoided amputation of claimant's left lower limb
  2. 2 Whether defendants' admitted breaches caused avoidable pain and suffering
  3. 3 Assessment of causation in clinical negligence context

Ratio Decidendi

Both defendants admitted breach of duty in failing to secure timely referral for vascular assessment. The court finds, on balance of probabilities, that earlier intervention would not have prevented amputation but would have alleviated pain and suffering for defined periods. Claimant entitled to general damages for avoidable pain caused by defendants' negligence.

Court Disposition

Claim succeeds in part; claimant entitled to general damages for pain and suffering due to delayed referral, but not for loss of limb.

Orders

  • Defendants to pay agreed quantum of general damages for pain and suffering for specified periods.
  • No apportionment of liability between defendants ordered.