The claimant had suffered polio almost all her life. She fell, and was recommended to wear a calliper. She refused. Ultimately, an amputation was advised and in due course her leg was amputated above the knee by surgical operation. She commenced proceedings against the Bank, her employer, for failing properly to maintain the forecourt where she had fallen. The Bank asserted in its defence that the amputation and consequent problems were due to the negligence of the hospital. After the claimant added the hospital as a defendant, the bank settled with the claimant and now sought a contribution from the Trust.
Held: The lack of evidence from the doctors made it difficult to apportion the damages. The bank had failed to maintain the land on which she was injured and was liable for 25%, but the rest fell to the doctors. The negligent advice regarding amputation had not broken the chain of causation with regard to the bank’s own liability.
Judges:
Lord Justice Henry Lord Justice Judge And Lady Justice Hale
Citations:
[2001] EWCA Civ 1141, [2001] Lloyd’s Rep Med 500, [2002] PIQR P8
Links:
Jurisdiction:
England and Wales
Cited by:
Cited – Luke v Kingsley Smith and Company and Others QBD 23-Jun-2003
The claimant sued various of those who had represented him in a claim against the Ministry of Defence. He believed that he had had to accept an inadequate sum in settlement after being at risk of losing the claim for non-prosecution. The defendant . .
Lists of cited by and citing cases may be incomplete.
Professional Negligence, Personal Injury
Updated: 31 May 2022; Ref: scu.147616