Litigation Recent Decisions 08/04/97

Negligence claim after wrong diagnosis of mental condition

Spargo v North Essex District Health Authority (1997)

CA (Nourse LJ, Brooke LJ and Waller LJ) 13/3/97

Summary: Plaintiff's belief that injury was attributable to a mis-diagnosis constituted actual knowledge for purposes of Limitation Act 1980. She was fixed with constructive knowledge although her solicitor had not taken all reasonable steps in time to obtain expert advice.