Rowbottom v Royal Masonic Hospital: CA 12 Feb 2002

The claimant sought damages for the negligent failure to administer antibiotics. Earlier proceedings had been discontinued, and the hospital resisted subsequent proceedings, claiming them to be time-barred. The claimant asserted that he knew of the negligence not when advised by counsel, but rather at a later date when he received a medical report.
Held: Time runs from when the claimant knows that the personal injury can be attributed to the defendant whom he wishes to sue. Counsel’s opinion did not suggest finally that the cause of the injury was the failure to provide antibiotics, since it was not then known whether they had been administered. (By a majority) The case should proceed.
Lord Justice Peter Gibson, Lord Justice Mantell, And, Mr. Justice Wall
[2002] EWCA Civ 87
Limitation Act 1980
England and Wales
CitedDobbie v Medway Health Authority CA 11-May-1994
The plaintiff had a lump on her breast. The surgeon, without first subjecting the lump to a microscopic examination in order to determine whether it was cancerous or benign, removed the breast. This was in 1973. The lump was subsequently found to be . .

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Updated: 26 January 2021; Ref: scu.167618