ABSTRACT

Mr Gallardo complained that he had not been told of his malignant diagnosis, and that a plan for following his postoperative course had not been put in place. At the age of 28 years, he had presented with what appeared to be a gastric ulcer, but proved at operation in 2001 to be a malignant gastrointestinal stromal tumour requiring subtotal gastrectomy. The court hearing his claim found that he had not been told that his operation had revealed a malignancy, that he should have been told, and that follow-up arrangements should have been put in place. In finding the patient's right to be told, the court provided guidance on when the post-diagnosis disclosure should occur. Irrespective of whether there is a tangible ‘right’ in these circumstances, it is self-evidently good practice to inform patients of their condition and put into place a strategy for management.