Kaur v University Hospitals NHS Foundation Trust
Confidential settlement achieved at mediation in a High Court claim on behalf of the dependants of a deceased patient whose Mantle Cell Lymphoma (MCL) had been diagnosed two years late after negligent analysis of a biopsy. He later developed a blastic variant of the disease that resulted in his early death. Causation and quantum remained in dispute.
The key issues related to the type of treatment that would have been offered; and whether, based on an a statistical analysis of the effect of treatment on the outcome of MCL, the late diagnosis made any material difference to the outcome. The case of Montgomery was useful to persuade the Defendant that the patient should have been offered the full range of treatment to enable him to make an informed choice. There were rival expert analyses of the statistical data but the claim settled on the basis that the patient was likely to have survived at least a further decade with earlier intervention.