Diamond v Royal Devon & Exeter NHS Foundation Trust

Diamond v Royal Devon & Exeter NHS Foundation Trust

Mr Khan breached his duty of care by failing to examine the claimant's abdomen when she complained of swelling, resulting in a two-month delay in diagnosis and treatment of her hernia, causing additional pain and suffering. Mr Wajed breached his duty by failing to obtain informed consent, but the claimant would have chosen mesh repair even if properly counselled, so no loss flowed from that breach.

Parties
Claimant: Lucy Diamond; Defendant: Royal Devon & Exeter NHS Foundation Trust
Jurisdiction
England and Wales
Judgment Date
23 June 2017
Procedural Posture
Clinical Negligence / Judgment After Trial
Outcome
Claim partly succeeds
Legal Topics
Clinical Negligence, Informed Consent, Causation, Damages
Medical Law Tort Law Clinical Negligence Informed Consent Causation Damages

Case Brief

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Parties

Lucy Diamond

Claimant

Royal Devon & Exeter NHS Foundation Trust

Defendant

Procedural Posture

Clinical Negligence / Judgment After Trial

Legal Issues

  1. 1 Whether Mr Khan breached his duty of care by failing to examine the claimant's abdomen on 21 January 2011
  2. 2 Whether Mr Wajed breached his duty of care by failing to obtain informed consent for mesh hernia repair
  3. 3 Whether any breach of duty caused additional injury or loss to the claimant

Ratio Decidendi

Mr Khan breached his duty of care by failing to examine the claimant's abdomen when she complained of swelling, resulting in a two-month delay in diagnosis and treatment of her hernia, causing additional pain and suffering. Mr Wajed breached his duty by failing to obtain informed consent, but the claimant would have chosen mesh repair even if properly counselled, so no loss flowed from that breach.

Court Disposition

Claim partly succeeds

Orders

  • Judgment for the claimant for £7,500 general damages for pain, suffering and loss of amenity due to two-month delay in hernia diagnosis
  • No damages for lack of informed consent as causation not established