Deistung (A Minor) v South West Metropolitan Regional Hospital Board
| Jurisdiction | England & Wales |
| Judge | THE MASTER OF THE ROLLS,LORD JUSTICE CAIRNS,Sir JOHN PENNYCUICK |
| Judgment Date | 25 October 1974 |
| Judgment citation (vLex) | [1974] EWCA Civ J1025-3 |
| Court | Court of Appeal (Civil Division) |
| Date | 25 October 1974 |
[1974] EWCA Civ J1025-3
In The Supreme Court of Judicature.
Court of Appeal.
Revised.
The Master of the Rolls
(Lord Denning)
Lord Justice Cairns and
Sir John Pennycuick.
Appeal (by leave of Mr. Justice Bristow) by defendants from order of Mr. Justice Bristow on 13th May 1974.
Mr. T.H. BINGHAM, Q.C., and Mr. PETER SCOTT (instructed by Mr. C.H. Brown) appeared on behalf of the Appellant Defendants.
Mrs. CHRISTINE PUXDN (instructed by Messrs. Lovell, Son and Pitfield, London agents of Messrs. Anderson, Longmore and Higham) appeared on behalf of the Respondent Plaintiff.
This is an application for the disclosure of documents before an action has been started. It is made under section 31 of the Administration of Justice Act 1970. Janet Deistung is a young girl aged 12 years. In 1974 she had treatment in the Worthing Hospital. Her father thinks that the hospital were negligent. On her behalf he seeks to have discovery of the notes and records of the hospital. The hospital are ready and have always been ready to show the notes and records to her medical advisers for them to make a report: but they do not wish them to be shown to the girl, her father or their lawyers. That is what has happened so far. The hospital have disclosed the notes and records to a medical adviser chosen by the father and his solicitors. He is a Mr. R.R. Kendrick, F.R.C.S. On 11th May 1973 he wrote a report which gives the history and his -opinion. I will read it in full:-
"Janet was admitted to Worthing Hospital on 10th October 1972 with abdominal pains and vomiting since eating sausages on 15th October. Her father had also eaten some and had suffered from similar but milder symptoms. She was very dehydrated.
She was seen by the House Surgeon-who commenced treatment for the dehydration. At 2.00 p.m. a needle inserted into the right lower abdomen revealed brownish fluid.
She was seen by Mr. Price the Surgical Registrar at 3.00 p.m. who suspected a ruptured ectopic pregnancy. She was seen by a Gynecologist at about 5.00 p.m. He did not suspect a gynecological cause for her illness. At laparotomy shortly afterwards no surgical abnormality was found.
She continued in negative balance and an X-ray suggested duodenal obstruction and on 2nd November 1972 laparotomy was carried out by Mr. Martin, the Consultant Surgeon in charge of Janet. Again no specific surgical anomaly was found.
She made no real progress and could not be kept on a positive fluid balance by mouth. On 21st November 1972 she was transferred to Great Ormond Street Hospital where she quite quickly settled down on a graduated bland diet and was discharged home after 10 days, She has since apparently made a full recovery.
Opinion:
Her history and treatment by the House Surgeon was accurate and prompt.
I think it was very unwise of the Surgical Registrar to diagnose an ectopic pregnancy and especially to inform the father of his suspicion, without first carrying...
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McIvor v Southern Health and Social Services Board
...terms. (Dunning v. United Liverpool Hospitals [1973] 1 W.L.R. 586 and Deistung v. South West Metropolitan Regional Hospital Board [1975] 1 W.L.R. 213.) 6 In none of those cases in the English Court of Appeal, however, does the question appear to have been raised whether the court had power ......