Knee Injury in UK Law

Leading Cases
  • Chester v Afshar
    • Court of Appeal (Civil Division)
    • 27 May 2002

    In cases such as the present, however, it simply cannot be said that the injury suffered had nothing to do with the problem which had taken the claimant to the doctor. It was a consequence of that very problem and the doctor's attempt to put it right. Furthermore it was a consequence about which the claimant had expressed her concern to the doctor and been wrongly reassured.

  • Jobling v Associated Dairies Ltd
    • House of Lords
    • 25 Jun 1981

  • Heil v Rankin
    • Court of Appeal (Civil Division)
    • 13 Jun 2000

    Consistency is important, because it assists in achieving justice between one claimant and another and one defendant and another. It also assists to achieve justice by facilitating settlements. The courts have become increasingly aware that this is in the interests of the litigants and society as a whole, particularly in the personal injury field. It is for this reason that the introduction of the guidelines by the Judicial Studies Board ("JSB") in 1992 was such a welcome development.

    When the question is the level of damages for non-pecuniary loss the Court is engaged in a different exercise. As we have said, it is concerned with determining what is the fair, reasonable and just equivalent in monetary terms of an injury and the resultant PSLA. The decision has to be taken against the background of the society in which the Court makes the award.

  • South Australian Asset Management Corporation v York Montague Ltd ; United Bank of Kuwait Plc v Prudential Property Services Ltd ; Nykredit Mortgage Bank Plc v Edward Erdman Group Ltd (Formerly Edward Erdman an Unlimited Company)
    • House of Lords
    • 20 Jun 1996

    A mountaineer about to undertake a difficult climb is concerned about the fitness of his knee. He goes to a doctor who negligently makes a superficial examination and pronounces the knee fit. The climber goes on the expedition, which he would not have undertaken if the doctor had told him the true state of his knee. He suffers an injury which is an entirely foreseeable consequence of mountaineering but has nothing to do with his knee.

    On the Court of Appeal's principle, the doctor is responsible for the injury suffered by the mountaineer because it is damage which would not have occurred if he had been given correct information about his knee. He would not have gone on the expedition and would have suffered no injury. On what I have suggested is the more usual principle, the doctor is not liable. The injury has not been caused by the doctor's bad advice because it would have occurred even if the advice had been correct.

  • R v Avis and Others
    • Court of Appeal (Criminal Division)
    • 16 Dic 1997

    Save for minor infringements which may be and are properly dealt with summarily, offences against these provisions will almost invariably merit terms of custody, even on a plea of guilty and in the case of an offender with no previous record.

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Legislation
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Books & Journal Articles
  • Uncertainty Over Causal Uncertainty: Karen Sienkiewicz (Administratrix of the Estate of Enid Costello Deceased) v Greif (UK) Ltd
    • Núm. 73-4, Julio 2010
    • The Modern Law Review
    ...... inherently impossib le for the claim ant to pro ve exactly ho w his injury was ca used’ . 11 The boundariesof the concept of ‘inherent impos ... Area Health Authority , 18 ( Hotson ) where the plainti¡’ s knee injury w as negligentl y misdiagnosedby a doc- tor , such thathis 25 per ......
  • Allocating Health Care Resources in an Imperfect World
    • Núm. 58-6, Noviembre 1995
    • The Modern Law Review
    ...... really no different from, say, refusing treatment for a knee injury to a professional footballer on the grounds that he is ......
  • Joint-angle-based yoga posture recognition for prevention of falls among older people
    • Núm. 53-4, Septiembre 2019
    • Data Technologies and Applications
    • 528-545
    Purpose: United Nations’ World Population Ageing Report states that falls are one of the most common problems in the elderly around the world. Falls are a leading cause of morbidity and mortality a...
    ...... adults, and the second leading cause of accidental or unintentional injury/death after road traffic injuries. The rates are h igher in hospitalized ...Co nsequently, such paramete rs as the hip joint and knee angle s are to be specified in range for a classification of asanas. ......
  • Current challenges of personal health information management
    • Núm. 11-3, Agosto 2009
    • Journal of Systems and Information Technology
    • 230-243
    Purpose: Health care has come to a turning point. Particularly due to aging societies and economic pressure placed on health care system, health is rapidly becoming one's own responsibility. This f...
    ...... such colloquial, or common, class ification (such as, ‘‘sports injury, knee’ ’ or similar) will be implemented, or if each individual ......
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Law Firm Commentaries
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