Oliver v Williams [2013] EWHC 600 (QB) (28 February 2013)

Oliver v Williams [2013] EWHC 600 (QB) (28 February 2013)

The defendant breached his duty by failing to inform the claimant of the urgent referral, causing a 5.5 month delay in diagnosis and treatment. However, the claimant failed to prove on the balance of probabilities that this delay caused a measurable reduction in life expectancy or loss of earnings. The claimant is entitled to damages for pain and suffering during the delay and for psychiatric injury attributable to the breach.

Citation
[2013] EWHC 600 (QB)
Parties
Claimant: Loretta Oliver; Defendant: Dr Gary Williams
Jurisdiction
England and Wales
Judgment Date
28 February 2013
Procedural Posture
Clinical Negligence Action / High Court Trial Judgment
Outcome
Judgment for the claimant in part
Legal Topics
Clinical Negligence, Causation, Damages, Loss of Chance, Psychiatric Injury
Tort Law Medical Negligence Clinical Negligence Causation Damages Loss of Chance Psychiatric Injury

Case Brief

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Parties

Loretta Oliver

Claimant

Dr Gary Williams

Defendant

Procedural Posture

Clinical Negligence Action / High Court Trial Judgment

Legal Issues

  1. 1 Whether the defendant failed to inform the claimant of an urgent referral for further investigation
  2. 2 Whether such failure amounted to a breach of duty
  3. 3 Whether the breach caused a delay in diagnosis and treatment

Ratio Decidendi

The defendant breached his duty by failing to inform the claimant of the urgent referral, causing a 5.5 month delay in diagnosis and treatment. However, the claimant failed to prove on the balance of probabilities that this delay caused a measurable reduction in life expectancy or loss of earnings. The claimant is entitled to damages for pain and suffering during the delay and for psychiatric injury attributable to the breach.

Court Disposition

Judgment for the claimant in part

Orders

  • Defendant to pay claimant £7,500 in damages plus appropriate interest from the date of commencement of proceedings