Forbes v Wandsworth Health Authority

[1996] LS Law Med 175

COURT OF APPEAL

Lord Justice STUART-SMITH, Lord Justice EVANS, and Lord Justice Roch (Dissenting)

Limitation — Knowledge — Actual and constructive — Amputation carried out in November 1982 following unsuccessful bypass operations — Patient having no cause to suspect that anything had gone wrong with operation — Patient having complete trust in surgeon — No reason to suspect or think that amputation was due to act or omission of defendants — Proceedings commenced in December 1992 — Whether it would have been reasonable to expect patient to make enquiries before he did Whether proper case to allow action to continue under Limitation Act 1980 section 33 in court's discretion