How Rare is a Rare Complication?

Collyer v Mid Essex Hospital Services NHS Trust [2019] EWHC 3577 (QB)  This article originally appeared in Issue 4 (March 2020). The Facts  The Claimant underwent a planned surgical removal of his larynx in order to treat recurrent laryngeal cancer. There was no disagreement that this was the only appropriate…

Causation and Pragmatism

Marshall v Schembri [2019] EWHC 283 (QB)  This article originally appeared in Issue 3 (November 2019). In this judgment of Stewart J the court considered a claim brought by the widower of a woman who died due to cardiac arrest. She had a history of pulmonary embolism (“PE”). It was…

Causation and Inquests

R (Chidlow) v HM Senior Coroner for Blackpool and Fylde [2019] EWHC 581 (Admin)  This article originally appeared in Issue 3 (November 2019). The facts  The Divisional Court heard a challenge to a coronial determination that it was not safe to leave the issue of any potential causal link between…

Expert Evidence and Material Contribution

Arksey v Cambridge University Hospitals NHS Foundation Trust [2019] EWHC 1276 (QB)  This article originally appeared in Issue 3 (November 2019). Background  On 3 November 2012, the Claimant suffered a cerebral aneurysm rupture. She was taken by ambulance to Addenbrooke’s Hospital complaining of symptoms principally of confusion. She was discharged…