Case offers hope that victims of medical negligence can still sue

A case successfully brought by a man with cerebral palsy offers a glimmer of hope that victims of clinical negligence can still obtain justice even after the official time limits for suing have passed.

Alsters Kelley, says that although the action by former Eton scholar and Cambridge University student Julius Whiston will not open the floodgates, some people in similar circumstances may still be able to bring a claim for damages.

The Mathematics doctorate holder says his disability was caused by being deprived of oxygen when he was born in a London hospital in 1974. The London Strategic Health Authority argued that the case by Dr Whiston was brought too late to be heard.

The key factor which swayed the High Court to rule in his favour was that he had only learned of his mother’s belief that it was the negligence of a junior doctor attempting a forceps delivery five years ago. Until then, he said, his parents had not revealed this to him and he put his disability down to being "one of those things”.

It is extremely rare for the courts to allow an action this long after the event when normally it would be much too late. The glimmer of hope for some people is that the courts are prepared to listen to the individual facts of a case.

Along with other law firms, we would urge a person to seek legal advice as soon as possible after the incident occurs, but the fact that Dr Whiston can now bring his action is encouraging.

Dr Whiston, whose health had deteriorated markedly 10 years ago so that he now has to use a wheelchair, had merely won the right to pursue a claim against the authority.

However the eventual hearing works out for him, Dr Whiston has established an important principle that will allow him to seek the damages he believes are due to him.