Posted inClinical Negligence Issue 15

MJF: a re-emphasis on statements of case and evidential rigour

MJF: a re-emphasis on statements of case and evidential rigour Allyna Ng MJF (a Protected Party proceeding by her mother and litigation friend, ITZ) v University Hospitals Birmingham NHS Trust [2024] EWHC 3156 (KB) The Claimant, MJF, alleged that her surgery had been conducted negligently, causing a severe deterioration in…
March 6, 2025Posted inClinical Negligence, Issue 15Tags: ,
Posted inClinical Negligence Issue 15

Disentangling symptoms and their causes

Disentangling symptoms and their causes Matthew Leitch Tuffin v University Hospitals Coventry and Warwickshire NHS Trust [2024] EWHC 3318 (KB) Background In Tuffin, the Claimant underwent elective spinal surgery in 2015. In breach of duty, the Defendant failed to administer Clexane (a medication to prevent blood clots) post-surgery. This resulted…
March 3, 2025Posted inClinical Negligence, Issue 15Tags: ,
Posted inClinical Negligence Issue 15

Extracting Informed Consent

Extracting Informed Consent Matthew Leitch Winterbotham v Shahrak [2024] EWHC 2633 (KB) Background In Winterbotham, the Claimant had suffered a partially erupted wisdom tooth for many years, which had caused several episodes of pericoronitis (inflammation of the surrounding gum tissue) with associated pain and discomfort. Because of the lengthy wait…
November 18, 2024Posted inClinical Negligence, Issue 15Tags: ,
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…
September 25, 2023Posted inClinical Negligence, Issue 14Tags: , ,
Posted inClinical Negligence Issue 13 Personal injury

Departing from Guidelines and Balancing of Risks in Different Medical Settings

Mrs Marion O'Brien (Administratrix of the Estate of Mr John Berry (Deceased)) v Guy's & St Thomas' NHS Trust [2022] EWHC 2735 (KB) At [99] HHJ Tindal (sitting as a Judge of the High Court) summarises aptly that “this case turns not on debates about causation – or indeed the…
July 18, 2023Posted inClinical Negligence, Issue 13, Personal injuryTags:
Posted inClinical Negligence Issue 13 Personal injury

Cancer and Contributory Negligence: Who is the Objectively Reasonable Patient?

Otu v Vivek Datta [2022] EWHC 2388 (KB) When will a patient be partly at fault for not following up when their doctor negligently fails to arrange an appointment? That was the question asked of the High Court in Otu v Datta, a case concerning the death of the Claimant’s…
July 18, 2023Posted inClinical Negligence, Issue 13, Personal injuryTags: , ,
Posted inClinical Negligence Issue 12

Stroke prevention

Watson v Lancashire Teaching Hospitals NHS Foundation Trust [2022] EWHC 148 (QB) Pickering v Cambridge University Hospitals NHS Foundation Trust [2022] EWHC 1171 (QB) Both of these cases were stroke cases involving issues of causation. Both were decided by Mr Justice Andrew Ritchie. General As those with experience of stroke…
May 2, 2023Posted inClinical Negligence, Issue 12Tags: