Q&As

Can you direct me to case law Precedents on psychological injury caused by a delay in diagnosis?

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Published on LexisPSL on 02/05/2018

The following PI & Clinical Negligence Q&A provides comprehensive and up to date legal information covering:

  • Can you direct me to case law Precedents on psychological injury caused by a delay in diagnosis?
  • Delay in diagnosis
  • Case law

Can you direct me to case law Precedents on psychological injury caused by a delay in diagnosis?

Delay in diagnosis

Delayed diagnosis cases more frequently become contentious because of causation issues. Almost all clinical negligence claimants will (obviously) come to their clinician with major risks to their health already in place. Establishing whether, and precisely what, additional loss and damage has been caused because of medical negligence is the issue at the heart of this area of practice.

For further information on the common issues which arise in claims relying on an allegation that a diagnosis has been negligently delayed, see the Practice Note: Delay in medical treatment.

Loss of life expectation and physical or psychological distress due to delayed diagnosis can be difficult to quantify. For further information, see Commentary: Diagnosis: Clinical Negligence [21.14].

Case law

The following cases may be of assistance, but each case will depend on its individual facts.

A duty to avoid the risk of psychiatric illness may arise where psychiatric injury occurs as a result of receiving information about the risk of suffering future physical illness, as a result of a defendant's negligence. In the Creutzfeldt-Jakob Disease litigation: Group B Plaintiffs v Medical Research Council, the claimants

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