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Chester v Afshar case study
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| Submitted: Fri Jan 28 2005
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Chester v Afshar House of Lords (2004)UKHL 41, (2004) 4 All ER 587 14 October 2004 Submitted by : Magalie Perdomo Course: MA Tort 2004/2005 Date: 22 November 2004 SUMMARY OF FACTS 3 LEGAL ISSUE 4 OUTCOME 5 COMMENTARY 6 Summary of Facts Miss Chester the claimant suffered many years of back pains. Since 1988, Dr Wright, her initial rheumatologist was actively treating her for approximately seven years. Although, over this period, treatment was only moderate, including successive of injection. Upon conducting consecutive MRI scans the situation was found to have worsened, Dr Wright then suggested surgery as the next possible solution to the claimant's problems. At this point Miss Chester clearly expressed her 'general aversion to surgery' and was again given injections as a hopeful remedy. By November 1994, upon seeing no significant improvements in his patient's condition, Dr Wright referred the claimant to the defendant, Mr Afshar. The referral letter clearly spelt out the fact that Miss Chester sought to avoid surgery as much...
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