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Case 4

[2005] 2 A.C. 176 Gregg v. Scott House of Lords

In 1994 the claimant developed a lump under his left arm. He attended the defendant general practitioner's surgery and was told that it was a benign collection of fatty tissue and that no further action was called for. In 1995 the defendant moved home and registered with another general practitioner. This doctor, upon seeing the lump, referred him to a hospital for examination, where the condition was diagnosed as non-Hodgkin's lymphoma. By that time, the tumour had spread into the claimant's chest. Treatment led to a remission in the condition but the claimant suffered a relapse and, after further treatment, a second relapse which left him with a poor prospect of survival. The claimant brought an action against the defendant for damages for negligence, claiming that had he been referred to hospital when seen by the defendant there would have been a high likelihood of cure whereas by the time treatment commenced his chances of recovery, defined as surviving for a period of 10 years, had fallen to below 50%.

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