Oliver v Williams

Oliver v Williams

The defendant breached duty by failing to inform the claimant of an urgent referral, causing a 5.5 month delay in diagnosis and treatment. However, the claimant failed to prove on balance of probabilities that the delay caused measurable diminution in life expectancy or loss of earnings. Damages are awarded for pain...

Source-derived case information.

Parties
Claimant: Loretta Oliver; Defendant: Dr Gary Williams
Jurisdiction
England and Wales
Judgment Date
28 February 2013
Procedural Posture
Clinical Negligence / Judgment
Outcome
Judgment for the claimant
Legal Topics
Clinical Negligence, Causation, Damages, Psychological Injury, Loss of Earnings
Medical Law Tort Law Clinical Negligence Causation Damages Psychological Injury Loss of Earnings

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Parties

Loretta Oliver

Claimant

Dr Gary Williams

Defendant

Procedural Posture

Clinical Negligence / Judgment

Legal Issues

  1. 1 Whether the defendant failed to inform the claimant of an urgent referral
  2. 2 Whether the breach caused a delay in diagnosis and treatment
  3. 3 Whether the delay resulted in diminution of life expectancy

Ratio Decidendi

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

Court Disposition

Judgment for the claimant

Orders

  • Claimant awarded £7,500 plus appropriate interest from the date of commencement of proceedings