Description
Upon the trial of a preliminary issue of fact in a clinical negligence action, Mackay J was required to make preliminary factual findings as to what had occurred during a consultation by the claimant patient with the defendant general practitioner about a growth in his groin, which subsequently transpired to be a malignant melanoma. In determining the preliminary issue of fact, Mackay J found that it was more likely than not the case that the defendant asked the claimant why he was concerned about the growth on his groin and he had responded with words to the effect that it had grown in size, itched and bled and the defendant had thereafter diagnosed it as a sebhorrhoeic wart.
