Source: All England Reporter
Publisher Citation: [2002] All ER (D) 140 (Jan)
Court: Queen's Bench Division

Judge Peter Clark sitting as a judge of the High Court

Representation Dennis Matthews (instructed by Field Fisher Waterhouse) for the claimant.
  Charlotte Jones (instructed by Capsticks) for the defendant.
Judgment Dates: 22 January 2002


Damages - Personal injury - Pain, suffering and loss of amenity - Claimant undergoing operation to decompress nerve root - Operation unsuccessful and aggravating condition - Whether surgeon negligent - Quantum.

The Case

In an action in negligence arising out of an operation to decompress a nerve root, it was held that the surgeon had acted in breach of his duty of care in failing to correctly identify the problem with the nerve root, and take the proper steps to decompress that root, and that the claimant was entitled to general damages for pain, suffering and loss of amenity of 27,500.

Practice Areas

If you are a LexisLibrary subscriber you can read more about this case here.