Posted inClinical Negligence Issue 16

Permission granted to withdraw an admission made pre-action and in the defence

Permission granted to withdraw an admission made pre-action and in the defence Richard Smith Ramsdale v Ditta and others [2026] EWHC 544 (KB) In this case the Claimant seeks damages against a number of Defendants alleging failures of diagnosis and management of chronic rhinosinusitis. He saw a number of medical…
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Posted inClinical Negligence Issue 16

Three lessons from ex-footballer’s successful clinical negligence claim

Three lessons from ex-footballer’s successful clinical negligence claim Samuel Talalay Ebanks-Blake v Calder [2025] EWHC 3327 (KB) Introduction As temperatures dropped and trees went up in the days before Christmas, judgment was handed down in the case of Ebanks-Blake v Calder. Mrs Justice Lambert’s decision in the Claimant’s favour, circulated…
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Posted inClinical Negligence Issue 16

Birth injuries and expert evidence

Birth injuries and expert evidence Elizabeth-Anne Gumbel KC OAJ By His Mother and Litigation Friend CFT v Dorset County Hospitals NHS Foundation Trust [2025] EWHC 3345 This is the third birth damage case in just over 3 years in which Mr Justice Ritchie has been the trial Judge. The other…
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Posted inIssue 15

Public Authorities and Negligence: Lessons from Tindall v Chief Constable

Public Authorities and Negligence: Lessons from Tindall v Chief Constable Lucy McCann Introduction On 23 October 2024, the Supreme Court handed down its decision in Tindall v Chief Constable of Thames Valley Police [2024] UKSC 33, the latest in a recent series of appellate court decisions regarding the liability of…
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Posted inClinical Negligence Issue 14

Tragic Death of Newborn from Infection was not due to Negligence

Tragic Death of Newborn from Infection was not due to Negligence Judith Rogerson Callaghan v South Tees Hospitals NHS Foundation Trust [2023] EWHC 1199 (KB) Background  This case arose from the death of the Claimant’s daughter, Imogen, who died from Group B Streptococcus (“GBS”) bacterial meningitis and septicaemia when she…
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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…
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Posted inClinical Negligence Issue 6

Bolam, Bolitho, or Both-of-‘Em?

Bradfield-Kay v Cope [2020] EWHC 1351 (QB)  This article originally appeared in Issue 6 (September 2020). This split trial on breach of duty concerned allegations relating to the performance of a total left hip replacement by the Defendant. Of interest is the approach taken by the judge to the distinction…
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Posted inClinical Negligence Issue 6

Monitoring During Labour

NKX v Barts Health NHS Trust [2020] EWHC 839 (QB)  This article originally appeared in Issue 6 (September 2020). The Facts  This was a liability only hearing where the Claimant alleged that his mother was given insufficient warning that she should have continuous fetal monitoring (“CFM”) when she was in…
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