Posted inClinical negligence Issue 8

Further Developments in Secondary Victims Claims

Polmear v Royal Cornwall Hospitals NHS Trust [2021] EWHC 2914 (QB) The High Court dismissed the Defendant Trust’s strike-out application in a secondary victim claim where the primary victim had ‘clearly suffered actionable damage’ prior to the shocking collapse. Master Cook held that it was not necessary to identify a…
April 15, 2021Posted inClinical negligence, Issue 8Tags:
Posted inClinical negligence Costs Issue 8

Contested Interim Payment Applications and Why to Avoid Them

Carl Duffy v Centraal Beheer Achmea [2020] EWHC 3341 Interim payment applications in clinical negligence and other personal injury cases are a prolific area of contested litigation. It is surprising how often an interim payment cannot be agreed. It is probably partly because applications need to be made urgently to…
April 15, 2021Posted inClinical negligence, Costs, Issue 8Tags:
Posted inClinical negligence Issue 8

Spinal Surgery

Henry v Oxford University Hospitals NHS Foundation Trust [2020] EWHC 3306 (QB) This claim concerned posterior instrumental fusion surgery which took place on 22 July 2010. The Claimant alleged that there was failure to recognise misplacement of the L5 pedicle screw, either intra-operatively, in the immediate post-operative period or longer…
April 15, 2021Posted inClinical negligence, Issue 8Tags: