Sims v Dartford & Gravesham Health Authority

(1996) 7 Med LR 381

CROYDON COUNTY COURT

and Honour Judge H M CRUSH

Limitation — Medical negligence action — Knowledge — Prescription of drug (Tagamet) with side effects — Patient diagnosed as having right sided gynaecomastia — Proceedings commenced over five years after cause of action arose — Whether patient had “knowledge” within Limitation Act 1980 section 11 when prescription was changed to ranitidine and condition improved or when expert's report confirming side — effect was received — Whether court should exercise its discretion under Limitation Act 1980 section 33 to extend time limit