The claimant sought damages. He had a lymphoma, but despite his seeking medical assistance, it was not diagnosed early, and his life expectancy was diminished.
Held: In order to claim damages for a reduced life expectancy, the claimant had to show that the negligence contributed to the loss. Here, the claimant’s disease had a poor prognosis in any event, and he had not been able to show that any actual damage had been caused. The case fell squarely within Hotson, and the claim failed.
Judges:
Simon Brown, Mance, Latham LLJ
Citations:
Times 04-Nov-2002, Gazette 12-Dec-2002, Gazette 19-Dec-2002, [2002] EWCA Civ 1471
Links:
Jurisdiction:
England and Wales
Citing:
Cited – Hotson v East Berkshire Health Authority HL 2-Jul-1988
The claimant (then 13) fell twelve feet in climbing a tree and sustained an acute traumatic fracture of the left femoral epiphysis. At hospital, his injury was not correctly diagnosed or treated for five days, and he went on to suffer a vascular . .
Appealed to – Gregg v Scott HL 27-Jan-2005
The patient saw his doctor and complained about a lump under his arm. The doctor failed to diagnose cancer. It was nine months before treatment was begun. The claimant sought damages for the reduction in his prospects of disease-free survival for . .
Cited by:
Cited – Coudert Brothers v Normans Bay Limited (Formerly Illingworth, Morris Limited) CA 27-Feb-2004
The respondent had lost its investment in a Russian development, and the appellants challenged a finding that they had been negligent in their advice with regard to the offer documents.
Held: As to the basis of calculation of damages as to a . .
Appeal from – Gregg v Scott HL 27-Jan-2005
The patient saw his doctor and complained about a lump under his arm. The doctor failed to diagnose cancer. It was nine months before treatment was begun. The claimant sought damages for the reduction in his prospects of disease-free survival for . .
Lists of cited by and citing cases may be incomplete.
Damages, Professional Negligence, Personal Injury
Updated: 17 October 2022; Ref: scu.177848
