Hind v York Health Authority

[1997] LS Law Med 377

QUEEN'S BENCH DIVISION

and Mr Justice MITCHELL

Limitation — Knowledge — Attributability — Discretion of court — Patient claiming damages in respect of anal sphincter injury suffered during birth of first child in September 1988 — Writ issued in May 1993 — Patient repeatedly assured by medical advisers that incontinence would resolve itself — Whether patient had actual or constructive knowledge that her injury was attributable to alleged causal omission before medical expert made initial verbal report in May 1993 — Whether equitable to allow claim to proceed where health authority unable to trace doctor