Dobbie v Medway Health Authority

[1994] LS Law Med 160

COURT OF APPEAL

Lord Thomas BINGHAM MR, Lord Justice BELDAM, and Lord Justice STEYN

Limitation — Knowledge — Discretion — Mastectomy performed in 1973 — Action based on lack of consent and negligence commenced in 1989 — Whether plaintiff had knowledge within three-year period that her injury was significant and capable of being attributable to defendants” fault — Whether it would have been reasonable for plaintiff to have sought advice prior to May 1986 — Whether court should exercise its discretion in plaintiff's favour