Scaddon v Morgan [2017] EWHC 1481 (QB) (16 June 2017)

Scaddon v Morgan [2017] EWHC 1481 (QB) (16 June 2017)

On the balance of probabilities, the fibroid had prolapsed by 23 July 2010 and the defendant's examination was inadequate, constituting a breach of duty. This breach caused a delay in diagnosis and treatment, resulting in additional physical and psychiatric harm to the claimant.

Source-derived case information.

Citation
[2017] EWHC 1481
Parties
Claimant: Lynn Scaddon; Defendant: Phillip Morgan
Jurisdiction
England and Wales
Judgment Date
16 June 2017
Procedural Posture
Civil Medical Negligence / High Court Trial Judgment
Outcome
Judgment for the claimant
Legal Topics
Medical Negligence, Breach of Duty, Causation, Damages, Expert Evidence
Tort Law Contract Law Medical Law Medical Negligence Breach of Duty Causation Damages Expert Evidence

Source-derived case record

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 2 Authorities cited 2 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Parties

Lynn Scaddon

Claimant

Phillip Morgan

Defendant

Procedural Posture

Civil Medical Negligence / High Court Trial Judgment

Legal Issues

  1. 1 Whether the defendant 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 harm to the claimant

Ratio Decidendi

On the balance of probabilities, the fibroid had prolapsed by 23 July 2010 and the defendant's examination was inadequate, constituting a breach of duty. This breach caused a delay in diagnosis and treatment, resulting in additional physical and psychiatric harm to the claimant.

Court Disposition

Judgment for the claimant

Orders

  • Defendant to pay damages of £20,000 to the claimant