Scott v Wakefield Area Health Authority

(1997) 8 Med LR 341

COURT OF APPEAL

Lord Justice BELDAM, Lord Justice WARD, and Lord Justice SCHIEMANN

Professional liability — Ophthalmic surgeon — Laser therapy — Duty to refer — Patient suffering from insulin dependent diabetes from age of two — Signs of sight — threatening change at age nineteen — Patient treated by laser photo — coagulation for retinopathy in both eyes — Deterioration and removal of right eye — Diagnosis of retinal detachment of left eye — Whether surgeon negligent in not referring patient to micro — surgeon at earlier date — Whether deputy judge correctly dismissed patient's claim — Hospital notes criticised by expert — Finding by deputy judge that, had referral taken place and vitrectomy performed earlier, patient would probably have been left with useful vision of 6/12 corrected in left eye