Hendy v Milton Keynes Health Authority
| Jurisdiction | England & Wales |
| Judgment Date | 08 March 1991 |
| Date | 08 March 1991 |
| Court | Queen's Bench Division |
Queen's Bench Division
Limitation of actions - personal injuries - surgical operations
For the purposes of section 11 of the Limitation Act 1980, in personal injury cases involving surgical operations, while a plaintiff's date of knowledge that an injury was attributable in whole or in part to an operation could well have depended on the date when she had received an expert's report, in a less complicated case the date of knowledge arose when she appreciated in general terms that her problems were attributable to the operation, even if the precise terms of what had gone wrong were not known.
Mr Justice Blofeld so held in the on February 14 when ruling that although the claim by Georgina Cynthia Hendy was statute barred the court would exercise its discretion under section 33 of the 1980 Act and allow her to continue proceedings in an action claiming damages for personal injury against Milton Keynes Health Authority.
HIS LORDSHIP said that the plaintiff had seen a doctor at the hospital eight months after the operation. She had been told what had happened in the operation and that a second...
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