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Case Note: Battram v Dr Geoghegan - Carol Maunder, Dutton Gregory LLP

24/07/17. Type of Injury: Damage to kidney function
Court title: Battram v Dr Geoghegan
Damages for pain, suffering and loss of amenity: £25,000
Total damages agreed: £41,000
Sex: Male
Age at date of incident: 28
Date of knowledge: 18.9.12
Date of settlement: 19.2.16
Solicitor (Claimant): Carol Maunder, Dutton Gregory LLP Solicitors, Bournemouth
Solicitor (Defendant): Rosamund Oddie, Claims Manager, Medical Protection Society
Counsel for the Claimant: Daniel Bennett, Doughty Street Chambers

FACTS

On 18.9.12 the Claimant received a telephone call from his GP, the Defendant, to advise him that:

  1. When the Claimant had undergone a blood test in January 2011, his kidney function was at 80%. The Defendant did not advise him of this fact as the Defendant considered it an acceptable result.

  2. When the Claimant had undergone a blood test in July 2012, his kidney function was at 50%. The Defendant did not mention this because the Claimant was due to go on holiday.

  3. His blood test from 17.9.12 was showing 30% function and the Defendant was planning to refer the Claimant urgently to the Renal Unit at James Cook Hospital.

The Claimant was subsequently diagnosed with Crescentic IGA Nephropathy, to be treated with high-dose steroids. The Claimant’s case was that the Defendant should have referred him in January 2011 and/or in July 2012. This failure to refer him caused him injury and loss...

Image ©iStockphoto.com/zlikovec

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