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, for which damages are awarded. Mr Wajed breached his duty by failing to provide adequate information about the risks of mesh repair and alternatives, but causation was not established as the claimant would have chosen mesh repair even if properly counselled; thus, no damages for this breach.

Citation
[2017] EWHC 1495 (QB)
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 partly succeeds; damages awarded for pain and suffering due to delayed diagnosis, but no damages for lack of informed consent.
Legal Topics
Informed Consent, Breach of Duty, Causation, Damages, Clinical Negligence
Medical Negligence Tort Law Informed Consent Breach of Duty Causation Damages Clinical Negligence

Case Brief

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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 and whether this caused additional injury.
  2. 2 Whether Mr Wajed failed to obtain informed consent for mesh hernia repair and whether this caused actionable loss.

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, for which damages are awarded. Mr Wajed breached his duty by failing to provide adequate information about the risks of mesh repair and alternatives, but causation was not established as the claimant would have chosen mesh repair even if properly counselled; thus, no damages for this breach.

Court Disposition

Claim partly succeeds; damages awarded for pain and suffering due to delayed diagnosis, but no damages for lack of informed consent.

Orders

  • Defendant to pay claimant £7,500 in general damages for pain, suffering and loss of amenity.