Hearings
England & Wales
09 Jun 2011 [2011] EWCA Civ 669; [2013] QB 312; [2012] 3 WLR 1124; [2011] WLR (D) 189, CA
09 Jun 2011 [2011] EWCA Civ 669; [2013] QB 312; [2012] 3 WLR 1124; [2011] WLR (D) 189, CA
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
Wright v Cambridge Medical Group [2010] EWHC 1507 (QB)
Decision of Mackay J reversed
Wright v Cambridge Medical Group [2011] EWCA Civ 669; [2013] QB 312; [2012] 3 WLR 1124; [2011] WLR (D) 189, CA
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