Clinical Judgment

Providing an easy to digest summary of recent clinical negligence judgments including the key issues and facts.

Paul & Ors v The Royal Wolverhampton NHS Trust [2022] EWCA Civ 12

Date
13th January 2022
Court
Key Issues
, , ,
Judge
, ,

The Court of Appeal has now handed down judgment in the conjoined appeals of Paul v Wolverhampton, Polmear v Cornwall and Purchase v Dr Ahmed. The appeals centre upon the ‘secondary victim’ criteria for psychiatric injury in Clinical Negligence claims, with the Court of Appeal finding itself bound by its decision in Taylor v A Novo […]

Freeman v Pennine Acute Hospitals NHS Trust [2021] EWHC 3378 (QB)

Date
3rd December 2021
Court
Key Issues
, ,
Judge

Freeman, a case which turned on issues of fact, was a Clinical Negligence claim for damages for severe brain injuries arising from negligent advice provided by a midwife working at the Defendant’s hospital. The case illustrates the judicial treatment of (i) the burden of proof relating to the absence of record-keeping (ii) the weight to be […]

Toombes v Mitchell [2021] EWHC 3234 (QB)

Date
1st December 2021
Court
Key Issues
, , ,
Judge

The case of Toombes v Mitchell concerned allegations of negligent pre-conception clinical advice by the Defendant with respect to folic acid supplements. The focus of this second hearing of this matter centered upon witness testimony regarding the consultation, which took place two decades ago.  

HTR v Nottingham University Hospitals NHS Trust [2021] EWHC 3228 (QB)

Date
30th November 2021
Court
Key Issues
, , ,
Judge

The case of HTR centered upon matters of fact. The Claimant, who proceeds by his mother and litigation friend, LJR, seeks damages arising from an antenatal clinic appointment, during which it is alleged the Defendant acted negligently by not investigating reports of reduced fetal movement.  

Castello v Gonschior [2021] EWHC 2742 (QB)

Date
14th October 2021
Court
Key Issues
, , , ,
Judge

The case of Castello concerned allegations of negligently performed cosmetic surgery. Castello turned on expert evidence with the judge finding in favour of the Defendant, rejecting the allegations of breach of duty with respect to the cosmetic rhinoplasty procedure.  

Click here to stay in touch with the team at Outer Temple, receive new post alerts and get invited to our events.