Hotson v East
Berkshire Health Authority case– (1987) 2 All ER 909
This was a case of alleged medical
negligence and compensation where the extent of the hip injuries to a 13
year–old boy was not diagnosed for five days. At the age of 20 years, there was
deformity of the hip joint, restricted mobility and permanent disability. The
judge found that even if the diagnosis had been made correctly, there was still
a 75% risk of the plaintiff's disability developing, but that the medical
staff’s breach of duty had turned that risk into inevitability, thereby denying
the plaintiff a 25% chance of a good recovery.
Damages included an amount of £11,500 representing 25% of the full value of the damages awardable for the plaintiff's disability. On appeal to the Lords, the question was whether the cause of the injury was the fall or the negligence of the health authority in delaying treatment, since if the fall had caused the injury the negligence of the authority was irrelevant in regard to the plaintiff’s disability. Because the judge had held that on the balance of probabilities, even correct diagnosis and treatment would not have prevented the disability from occurring, it followed that the plaintiff had failed on the issue of causation. It was therefore irrelevant to consider the question of damages.
Damages included an amount of £11,500 representing 25% of the full value of the damages awardable for the plaintiff's disability. On appeal to the Lords, the question was whether the cause of the injury was the fall or the negligence of the health authority in delaying treatment, since if the fall had caused the injury the negligence of the authority was irrelevant in regard to the plaintiff’s disability. Because the judge had held that on the balance of probabilities, even correct diagnosis and treatment would not have prevented the disability from occurring, it followed that the plaintiff had failed on the issue of causation. It was therefore irrelevant to consider the question of damages.
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