Master Law with RC 

The claimant was employed by the defendant and worked in brick kilns in extremely hot and dusty conditions. His work exposed him to brick dust, which could cause dermatitis. The employer was in breach of duty for failing to provide adequate washing and showering facilities at the workplace.

The claimant suffered from chronic back pain and consulted the defendant neurosurgeon, who advised surgery. The surgeon failed to warn her of a small (1–2%) inherent risk of serious nerve damage associated with the procedure. The risk was not due to negligence in performing the operation, but was an unavoidable complication.

The claimant had been exposed to asbestos during employment with multiple employers, as well as during a period of self-employment. He developed mesothelioma and later died. As in Fairchild, it was impossible to determine which exposure had actually caused the disease.

The claimants were employees who had worked for multiple employers at different times. During their employment, they were negligently exposed to asbestos by more than one employer. They later developed mesothelioma, a fatal disease caused by inhalation of asbestos fibres.

The claimant attended his GP with a lump under his arm. The GP negligently misdiagnosed it as a benign condition and failed to refer him for urgent investigation. Approximately nine months later, he was correctly diagnosed with non-Hodgkin’s lymphoma.

The claimant, a 13-year-old boy, fell from a tree and injured his hip. He was taken to hospital, where medical staff negligently failed to diagnose a serious condition known as avascular necrosis (loss of blood supply to the femoral head). There was a delay in proper diagnosis and treatment.