Disclaimer: This work was produced by one of our expert legal writers, as a learning aid to help law students with their studies.

Any opinions, findings, conclusions, or recommendations expressed in this material are those of the authors and do not reflect the views of LawTeacher.net. Any information contained in this case summary does not constitute legal advice and should be treated as educational content only.

Gregg v Scott

294 words (1 pages) Case Summary

16th Jul 2019 Case Summary Reference this In-house law team

Jurisdiction / Tag(s): UK Law

Gregg v Scott [2005] 2 WLR 268

Regarding ‘loss of a chance’ claims, where the claimant contends the defendant’s negligence prevented the opportunity of avoiding recovery from injury.


The claimant, Gregg, noticed an unusual lump under his arm and subsequently sought a medical opinion regarding it. His doctor incorrectly and negligently diagnosed the lump as benign. In fact, the lump was a malignant cancer which was not discovered for a further nine months, resulting in a sizable delay in when the claimant begun receiving the correct treatment for the lump. In this nine months the claimant’s medical condition had significantly worsened and the lump grown considerably. Expert medical testimony suggested that had the lump been correctly diagnosed at the claimant’s original appointment, he would have had an approximately 42% chance of survival; however, by the time at which his lump was actually correctly diagnosed, the likelihood of his survival had decreased to 25%. Moreover, the delay had limited the range of treatment options available to the claimant.


Could a claimant successfully claim for their ‘loss of a chance’, that is a greater likelihood of having survived treatment.


The House of Lords held (in a notably and controversially split 3 – 2 decision) cited Hotson v East Berkshire Area Health Authority [1987] AC 750 with approval. Thus, whilst the defendant had indeed been negligent in his original assessment, it remained that loss of a chance was not a form of injury for which one could claim damages for tortious negligence in relation to medical problems.

Words: 257

Cite This Work

To export a reference to this article please select a referencing stye below:

Reference Copied to Clipboard.
Reference Copied to Clipboard.
Reference Copied to Clipboard.
Reference Copied to Clipboard.
Reference Copied to Clipboard.
Reference Copied to Clipboard.
Reference Copied to Clipboard.

Related Services

View all

Related Content

Jurisdictions / Tags

Content relating to: "UK Law"

UK law covers the laws and legislation of England, Wales, Northern Ireland and Scotland. Essays, case summaries, problem questions and dissertations here are relevant to law students from the United Kingdom and Great Britain, as well as students wishing to learn more about the UK legal system from overseas.

Related Articles