Wright, Steve v Gudapati, Venkata Krishna Rao

Procedural defect – Whether originating pleadings signed by claimant – Whether the failure to sign certificate of truth in originating pleadings is fatal – Discretion of court pursuant to Rule 3.13 of the Civil Procedure Rules 2002, as amended – Whether claimant’s statement of case should be struck out. Negligence – Medical negligence – Nature of the duty of care of general practitioner – Duty of general practitioner to refer patient to specialist – Contributory negligence – Whether a patient owes a duty of care to himself to seek alternative medical attention if unsatisfied with his treatment and recovery – Credibility – Whether the general practitioner delayed in referring the patient to a specialist or whether the patient delayed in returning to see the general practitioner – Duty of doctor to inform patient of all relevant risks in treatment.