Crawford v Dalley and Royal Marsden Hospital

(1995) 6 Med LR 343

QUEEN'S BENCH DIVISION

and Mr Justice EBSWORTH

Abuse of process — Res judicata — Cause of action and issue estoppel — Private patient undergoing radiotherapy treatment in 1980 — Patient dissatisfied with result of treatment — Payment of hospital's account witheld — County court proceedings by hospital in 1983 — Defence and counterclaim for £500 medical costs by patient — Judgment by default against patient in 1984 — Patient becoming seriously ill when radionecrosis manifested itself in 1991 — High Court writ issued against hospital in 1994 — Whether estoppel arose in respect of High Court claim from 1984 judgment