Charles Foster represents the respondent GPs in Kadir v Mistry & Others, an important case in the Court of Appeal about the assessment of damages for the delayed diagnosis of cancer
3rd April 2014
Charles Foster, instructed by Browne Jacobson, represented the respondent GPs in Kadir v Mistry & Others, an important case in the Court of Appeal about the assessment of damages for the delayed diagnosis of cancer. He had successfully argued before the trial judge that the estate of the deceased patient was not entitled to any damages representing the deceased’s pain, suffering and loss of amenity, because had there been earlier diagnosis, gruelling treatment would have been attempted and would have been ultimately unsuccessful. The deceased would have suffered just as much if not more than she in fact did. Accordingly, using the conventional ‘but-for’ test, there was no compensable loss. This approach was adopted by the Court of Appeal. The Court of Appeal also assessed, at £3500, damages for three months’ mental anguish resulting from the deceased’s knowledge of her reduced life expectancy, pursuant to s.1 (1)(b) of the Administration of Justice Act 1982.
A summary of the case can be found at
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