Diamond v Royal Devon & Exeter NHS Foundation Trust [2017] EWHC 1495 (QB) (23 June 2017)

Diamond v Royal Devon & Exeter NHS Foundation Trust [2017] EWHC 1495 (QB) (23 June 2017)

Mr Khan breached his duty by failing to examine the claimant's abdomen when she complained of swelling, causing a two-month delay in diagnosis and additional pain and suffering. Mr Wajed breached his duty by failing to provide adequate information for informed consent, but the claimant would have chosen the same...

Source-derived case information.

Citation
[2017] EWHC 1495
Parties
Claimant: Lucy Diamond; Defendant: Royal Devon & Exeter NHS Foundation Trust
Jurisdiction
England and Wales
Judgment Date
23 June 2017
Procedural Posture
Clinical Negligence / High Court Trial Judgment
Outcome
Claim allowed in part
Legal Topics
Clinical Negligence, Informed Consent, Causation, Damages
Medical Law Tort Law Clinical Negligence Informed Consent Causation Damages

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 3 Authorities cited 3 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Parties

Lucy Diamond

Claimant

Royal Devon & Exeter NHS Foundation Trust

Defendant

Procedural Posture

Clinical Negligence / High Court Trial Judgment

Legal Issues

  1. 1 Whether Mr Khan breached his duty by failing to examine the claimant's abdomen on 21 January 2011
  2. 2 Whether Mr Wajed failed to obtain informed consent for mesh hernia repair by not discussing pregnancy risks and alternative procedures
  3. 3 Whether breaches of duty caused additional injury or loss to the claimant

Ratio Decidendi

Mr Khan breached his duty by failing to examine the claimant's abdomen when she complained of swelling, causing a two-month delay in diagnosis and additional pain and suffering. Mr Wajed breached his duty by failing to provide adequate information for informed consent, but the claimant would have chosen the same mesh repair even if properly counselled, so no causation or damages arose from that breach.

Court Disposition

Claim allowed in part

Orders

  • Defendant to pay claimant £7,500 in general damages for pain, suffering and loss of amenity caused by two-month delay in hernia diagnosis