JD v Mather

JD v Mather

On the balance of probabilities, by March 2006 the claimant's melanoma was already ulcerated and had spread to at least one regional lymph node (Stage IIIB), so his chance of 10-year survival was already below 50% even with prompt treatment. The principal claim for loss of a chance of cure is dismissed. However, the...

Source-derived case information.

Parties
Claimant: JD; Defendant: Dr Melanie Mather
Jurisdiction
England and Wales
Judgment Date
01 November 2012
Procedural Posture
Clinical Negligence / Judgment After Trial on Causation
Outcome
Principal claim dismissed; alternative claim for reduced life expectancy succeeds.
Legal Topics
Clinical Negligence, Causation, Loss of Chance, Damages, Medical Misdiagnosis
Medical Law Tort Law Clinical Negligence Causation Loss of Chance Damages Medical Misdiagnosis

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Parties

JD

Claimant

Dr Melanie Mather

Defendant

Procedural Posture

Clinical Negligence / Judgment After Trial on Causation

Legal Issues

  1. 1 Whether the defendant's breach of duty caused actionable loss to the claimant
  2. 2 Whether earlier diagnosis and treatment would have improved the claimant's prognosis
  3. 3 Whether the tumour was ulcerated and had spread to lymph nodes by March 2006

Ratio Decidendi

On the balance of probabilities, by March 2006 the claimant's melanoma was already ulcerated and had spread to at least one regional lymph node (Stage IIIB), so his chance of 10-year survival was already below 50% even with prompt treatment. The principal claim for loss of a chance of cure is dismissed. However, the delay in diagnosis and treatment reduced the claimant's life expectancy by three years, entitling him to damages for this loss.

Court Disposition

Principal claim dismissed; alternative claim for reduced life expectancy succeeds.

Orders

  • Judgment for claimant for damages to be assessed in respect of reduced life expectancy only
  • Quantum to be agreed or tried without delay