The Weekly Law Reports
[2012] 3 WLR 1124
Court of Appeal
Wright
v
Cambridge Medical Group (a partnership)
[2011] EWCA Civ 669
2011 April 4,
5;
June 9
Lord Neuberger of Abbotsbury MR, Elias LJ, Dame Janet Smith
Medical practitioner— Negligence— Causation— General practitioner negligently delaying referral of claimant to hospital— Delay resulting in pain and suffering— On referral claimant receiving inadequate treatment in hospital— Delay in providing effective hospital treatment resulting in permanent injury to claimant’s hip— Full recovery probable had referral been made and appropriate treatment given promptly— Whether general practitioner liable in negligence for initial pain and suffering— Whether that damage divisible from later pain and suffering— Whether capable of founding liability for permanent injury suffered in hospital— Whether presumption that claimant would have received competent and appropriate treatment in hospital had she been referred at right time— Whether presumption rebuttable or rebutted— Whether factual causal link between general practitioner’s negligence and permanent injury— Whether fair just and reasonable that scope of general practitioner’s duty extend to permanent injury suffered by claimant— Whether loss of chance principles extending to clinical negligence cases