Scaddon v Morgan

Scaddon v Morgan

On the balance of probabilities, the fibroid had prolapsed by 23 July 2010 and should have been detected by the defendant. The failure to do so constituted a breach of duty. Had the claimant been properly informed, she would have prioritised urgent treatment, avoiding a significant delay and associated harm....

Source-derived case information.

Parties
Claimant: Lynn Scaddon; Defendant: Phillip Morgan
Jurisdiction
England and Wales
Judgment Date
16 June 2017
Procedural Posture
Civil / Judgment After Trial
Outcome
Judgment for the claimant
Legal Topics
Breach of Duty, Causation, Damages, Standard of Care
Medical Negligence Contract Law Breach of Duty Causation Damages Standard of Care

Source-derived case record

Summary, issues, holding and outcome

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Parties

Lynn Scaddon

Claimant

Phillip Morgan

Defendant

Procedural Posture

Civil / Judgment After Trial

Legal Issues

  1. 1 Whether the defendant Consultant Gynaecologist was negligent in failing to detect a prolapsed uterine fibroid during examination on 23 July 2010
  2. 2 Whether the defendant breached his contractual and/or tortious duty of care
  3. 3 Whether the delay in diagnosis and treatment caused additional injury and psychiatric harm to the claimant

Ratio Decidendi

On the balance of probabilities, the fibroid had prolapsed by 23 July 2010 and should have been detected by the defendant. The failure to do so constituted a breach of duty. Had the claimant been properly informed, she would have prioritised urgent treatment, avoiding a significant delay and associated harm. Causation and loss are established.

Court Disposition

Judgment for the claimant

Orders

  • Damages awarded in the sum of £20,000