#clinical-negligence #negligence #tort

Wright (A Child) v Cambridge Medical Group (a partnership) [2011] EWCA Civ 669.

The defendant, a GP, negligently failed to refer a child claimant with a bacterial infection to hospital until two days later. It took a further three days in hospital before the claimant was correctly diagnosed, by which time her hip became infected resulting in a permanent disability. The defendant argued that his negligence was not the factual cause of the claimant’s loss as even if she had been admitted to hospital on time there would still have been a three day delay in the correct treatment being given. The claimant would still, therefore, have suffered the same disability. The Court of Appeal held that where a doctor had negligently failed to refer a patient to hospital and, as a consequence, she had lost the opportunity to be treated correctly, the doctor could not escape liability by establishing that the hospital would have negligently failed to treat the patient appropriately, even if promptly referred.