DARREN CONQUER AGAINST LOTHIAN HEALTH BOARD [2020] ScotCS CSOH_8 (15 January 2020)

DARREN CONQUER AGAINST LOTHIAN HEALTH BOARD [2020] ScotCS CSOH_8 (15 January 2020)

Had surgical repair of the pursuer’s right distal biceps tendon been undertaken promptly, he would have made a full or nearly full recovery within six months and returned to work. The negligent delay caused chronic pain, loss of function, psychological harm, and substantial loss of earnings. Damages are to be assessed on this basis, excluding losses attributable to unrelated injuries and conditions.

Citation
[2020] ScotCS CSOH_8
Parties
Pursuer: Darren Conquer; Defender: Lothian Health Board
Jurisdiction
Scotland
Judgment Date
15 January 2020
Procedural Posture
Personal Injury/medical Negligence / Final Judgment on Quantum of Damages
Outcome
Judgment for pursuer on quantum of damages, exclusive of interest (interest figures agreed separately).
Legal Topics
Negligent Diagnosis, Causation, Damages Assessment, Loss of Earnings, Pain and Suffering, Interest Calculation
Tort Medical Negligence Negligent Diagnosis Causation Damages Assessment Loss of Earnings Pain and Suffering Interest Calculation

Case Brief

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Parties

Darren Conquer

Pursuer

Lothian Health Board

Defender

Procedural Posture

Personal Injury/medical Negligence / Final Judgment on Quantum of Damages

Legal Issues

  1. 1 What would the result have been had surgical repair of the pursuer’s right distal biceps tendon been undertaken within a few days of 3 September 2003?
  2. 2 What consequences, physical and psychological, have resulted from that surgery not having been undertaken at that time?
  3. 3 Whether the pursuer has sustained and will continue to sustain financial losses as a result of that surgery not having been undertaken at that time.

Ratio Decidendi

Had surgical repair of the pursuer’s right distal biceps tendon been undertaken promptly, he would have made a full or nearly full recovery within six months and returned to work. The negligent delay caused chronic pain, loss of function, psychological harm, and substantial loss of earnings. Damages are to be assessed on this basis, excluding losses attributable to unrelated injuries and conditions.

Court Disposition

Judgment for pursuer on quantum of damages, exclusive of interest (interest figures agreed separately).

Orders

  • Defender to pay damages to pursuer for pain, suffering, loss of amenity, and loss of earnings resulting from negligent treatment.
  • Damages to exclude losses attributable to unrelated injuries and conditions.