Drury v Grimsby Health Authority

(1997) 8 Med LR 38

QUEEN'S BENCH DIVISION

and Judge BENTLEY

Limitation — Knowledge — Discretion of court — Operation in 1976 for rodent ulcer on nose — Histology report that carcinoma not totally excised — Failure to recall patient — Operation in 1978 to remove nose — Whether plaintiff had actual knowledge that injury suffered was significant immediately after 1978 operation and constructive knowledge that injury was capable of being attributable to omission complained of by 1982 — Whether equitable for court to exercise its discretion under Limitation Act 1980 sect 33