Ismail considered the question of how to resolve discrepancies where the Claimant’s medical records diverge from her narrative. Ismail stresses that the more compelling contemporaneous evidence a Claimant can adduce to support her version of events, the likelier it is that a Court will find in the Claimant’s favour. Facts Ismail concerned a claim against a GP for […]
In Azam, Saini J dismissed the Defendant NHS Trust’s appeal, and as such the Claimant’s claim was allowed to proceed under s.33 Limitation Act. This was despite the fact that the claim had been brought c. 18 years outside the primary limitation period, and where the surgeon who had performed the index operation had died. […]
In the case of Henry which largely turned-on expert evidence, Master Cook found the Defendant Trust not liable on any of the three counts of alleged negligence. Facts The Claimant brought a claim for clinical negligence arising out of posterior instrumental fusion surgery performed by surgeons within the Defendant Trust on 22 July 2010. The […]
In a case, which largely turned on its facts, HHJ Cotter QC, sitting as a High Court Judge found that the Defendant Trust was not liable for failing to return the Claimant to surgery prior to a significant neurological deterioration in his condition. Facts On the 9th June 2015, the Claimant underwent a complex operation […]
Click here to stay in touch with the team at Outer Temple, receive new post alerts and get invited to our events.