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Gallardo v Imperial College Healthcare NHS Trust (2017): Extension of Montgomery principles

8th December 2017

Conrad Hallin acted for the successful Claimant, a Spanish national, following a failure to inform him of a diagnosis of a rare form of cancer, or to offer him appropriate monitoring.  The case represents an extension of the Montgomery principles in the context of the giving of information, including diagnosis and treatment options, post-operatively. It also confirms that the duty owed by an NHS Trust is non-delegable and continued to apply here even after the patient was cared for privately.

Mr Gallardo’s solicitor  Agata Usewicz of law firm Hodge Jones & Allen., said: “My client suffered for nearly a decade from a condition that he wasn’t aware that he had, and as such was denied the treatment which may have improved the quality of his life.”

“We are very pleased that he has today finally received the answers he has been seeking.”

The judgment, which was handed down today, is here.

Read press coverage of the case here.

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