Providing an easy to digest summary of recent clinical negligence judgments including the key issues and facts.
The judgment of the Supreme Court in Khan v Meadows  UKSC 21 concerns the issue of whether factually caused loss is within the scope of the duty of care in negligence, i.e. the SAAMCO principle. It was heard by an expanded panel of the Supreme Court and heard with the case of Manchester Building […]
Baidoo v Barking Havering and Redbridge University Hospitals NHS Trust demonstrates that where a claimant’s clinical negligence claim is entirely dependent on expert evidence, if the Claimant has not instructed experts, and there is no realistic prospect of him or her doing so before trial, then the claim has no real prospect of succeeding, and […]
The case of King v Royal United Hospitals Bath NHS Foundation concerned a claim brought by a father who experienced PTSD after seeing his newborn son in NICU with a doctor saying “we might lose him”. The claimant was found to not have satisfied the fourth control mechanism established in Alcock v South Yorkshire Police: that his […]
In Dulson v Popovych, the Court refused the Defendant’s application to resile from an admission of breach of duty which had been made in her pleaded Defence. The Facts The Claimant’s claim arose following four consultations with the Defendant, a registered nurse working at Lister House Health Centre. At the first consultation, the […]
The case of Negus concerned a clinical negligence claim brought in respect of aortic valve replacement surgery. The case hinged on expert opinion as to whether the operating surgeon had been negligent in using a smaller mechanical valve. The Facts In Negus, a claim was initially brought by Tracey Negus, concerning an aortic valve replacement surgery […]
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