Legal Professional Privilege cannot be defeated by the FRC’s interpretation of its disclosure regime
We acted for Mr S and his family to seek compensation for the delay in identifying that Mr S had a brain tumour.
In 2005, Mr S had an MRI scan of his brain which was reported as clear. The following year, he became eligible to take his pension. The MRI scan had not identified any problems so Mr S decided to purchase annuities, rather than to take his pension fund as a lump sum. Sadly, though, in May 2007, Mr S was diagnosed with a brainstem tumour and he died in the summer of 2009.
Mr S's medical experts agreed that Mr S's life had not been significantly curtailed by the delay in diagnosis and treatment. Instead, the compensation claim was for the compromise to Mr S's quality of life between the end of 2005 and mid-2008: the point at which it was considered that Mr S would have begun to deteriorate even if there had been no delay. The claim also sought a contribution to the funds that Mr S had lost by choosing pension annuities instead of a lump sum. The claim settled in early 2010 for £175,000.
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