Loss of the Chance of Cure from Cancer
| Date | 01 November 2005 |
| DOI | http://doi.org/10.1111/j.1468-2230.2005.570_1.x |
| Published date | 01 November 2005 |
CASES
Loss of the Chance of Cure from Cancer
Jane Stapleton
n
GENERAL
In Gregg vScott
1
the agreed facts were few. On 22 November 1994 Mr. Gregg pre-
sented to Dr Scottcomplaining of a lumpu nderhis left arm. In breachof his duty
to Mr. Gregg, Dr Scott failed to refer him at once for biopsy investigation or to
arrangeto see him very soonto see if the lump had resolved itself. Had he doneso,
the lump would have been revealed to be cancerous and cancer treatment would
have commenced in April 1995. The breach meant that the cancer went unde-
tected until November 1995 and cancer treatment commenced in January 1996;
the breach had caused a 9 month delay before treatment commenced. In this 9 -
month period, the cancer spread to the left pectoral region.
The details of treatment are important. FromJanuary 1996 chemotherapy and
radiotherapy were administered but, although the tumour responded, it did so
incompletely. As a result aggressive high dose chemotherapy was administered
in August1996. In early 1998 Mr. Gregg su¡ered a relapse, that is a new tumour
was detected in the right axilla.The medical conclusion from thisrelapse was that
he could notbe ‘‘cured’’, that is survivefor at least10 years without evidence of the
disease. Pall iative therapy was administered. In April 1998 there was another sus-
pected relapse and a further course of palliative therapy was administered. From
April 1998 to the date of judgment in the trial on 3 August 2001, and on to the
time when judgment was handed down by the House of Lords on 27 January
2005 there was no discernible recurrence of the disease: Mr. Gregg was in remis-
sion throughout.
In Gregg the pre-tort range of fates con fronting a cohort of 100 people with the
same canceras Mr. Gregg’s and undergoing initial treatment were assessed at trial
as:
2
complete remission never achieved, death within 10 years [41%];
complete remission followed by relapse, thereafter unresponsive to treatment,
death within10 years [12%];
complete remission followed by relapse, responds to treatment,further relapse,
death within10 years [5%];
n
Ernest E Smith Professor of Law, University of Texas; Australian NationalUniversity.
2ibid paras 37^38.
rThe Modern LawReview Limited 2005
Published by BlackwellPublishing, 9600 Garsington Road,Oxford OX4 2DQ,UK and 350 Main Street, Malden, MA 02148, USA
(2005) 68(6) MLR 996^1015
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