Posted inIssue 10 Quantum

Quantum: Contrasting Outcomes in Two Fatal Accident Cases

Chouza v Martins and others [2021] EWHC 1669 (QB) Steve Hill Ltd v Witham [2021] EWCA Civ 1312 Although very different cases on the facts, these two recent judgments show the risks involved in litigation. Chouza shows the danger that having heard the evidence, a judge might accept almost the…
January 19, 2022Posted inIssue 10, QuantumTags:
Posted inClinical negligence Issue 10

Determining Causation in a Bacterial Meningitis Case

Davies v Frimley Health NHS Foundation Trust [2021] EWHC 169 (QB) This was a claim brought by the widower of a woman who died of bacterial meningitis. She had been admitted to hospital two days earlier with a history of severe headache and middle ear infection. The Defendant admitted that…
January 19, 2022Posted inClinical negligence, Issue 10Tags:
Posted inClinical negligence Issue 10

Cauda Equina Syndrome

Jarman v Brighton and Sussex University Hospitals NHS Trust [2021] EWHC 323 In Hewes v West Hertfordshire Acute Hospitals NHS Trust & Ors [2020] EWCA Civ 1523 (see Issue 8), the Court of Appeal considered, for the first time, a case of alleged delay in the treatment of Cauda Equina…
January 19, 2022Posted inClinical negligence, Issue 10Tags: ,
Posted inClinical negligence Issue 10

Limitation

Wilkins v University Hospital North Midlands NHS Trust [2021] EWHC 261 (QB). Aderounmu v Colvin [2021 EWHC 2293 (QB) The Facts – Wilkins Deputy High Court Judge Hermer QC determined as a preliminary issue whether the claim against the Defendant Hospital for negligently failing to treat a significant post-knee replacement…
January 19, 2022Posted inClinical negligence, Issue 10Tags:
Posted inClinical negligence Issue 10

Resiling from an Admission in a Pleaded Defence

James Dulson v Svitlana Popovych [2021] EWHC 1515 (QB) This decision of Deputy High Court Judge Lickley QC arose in the context of an application by a Defendant, who was a registered nurse practitioner, to resile from an admission of breach of duty made in a defence. The application was…
January 19, 2022Posted inClinical negligence, Issue 10Tags:
Posted inClinical negligence Issue 10

Montgomery and “Reasonable Alternatives”

Malik v St George’s University Hospitals NHSFT [2021] EWHC 1913 (QB) This was a claim about spinal surgery, specifically whether a revision decompression at T10/11 was appropriately advised and whether the Claimant had been adequately advised of reasonable alternative or variant treatments to the surgery which ultimately worsened rather than…
January 19, 2022Posted inClinical negligence, Issue 10Tags:
Posted inIssue 10 Procedural

Rejection of Expert Evidence

Griffiths v TUI (UK) Ltd [2021] EWCA Civ 1442 Introduction The Court of Appeal has handed down a controversial judgment by majority on the ability of a party to invite the court to reject expert evidence, even when the point in issue has not been put to the expert in…
January 19, 2022Posted inIssue 10, ProceduralTags: ,
Posted inClinical negligence Issue 10

Mind the Gap – Secondary Victims Claims Considered by the Court of Appeal

Paul & Ors v Royal Wolverhampton NHS Trust [2022] EWCA Civ 12 For readers hoping that 2022 would bring more clarity on the scope of secondary victim status in clinical negligence claims, the message from the Court of Appeal is… wait a little longer. The Court of Appeal has handed…
January 19, 2022Posted inClinical negligence, Issue 10Tags: