Clinical Judgment

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

Aderounmu v Colvin [2021] EWHC 2293 (QB)

Date
20th August 2021
Court
Key Issues
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Judge

The case of Aderounmu involved a preliminary issue on limitation for a claimant who was alleged to lack the mental capacity to manage the litigation. The Court had to decide whether he was under a disability, if not when his date of knowledge arose, and if it was more than 3 years before the proceedings […]

Wilkins v University Hospital North Midlands NHS Trust [2021] EWHC 2164 (QB)

Date
30th July 2021
Court
Key Issues
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Judge

In Wilkins v University Hospital North Midlands NHS Trust, the High Court was called upon to determine the date of knowledge for limitation purposes and whether the court should exercise its discretion to extend time in a claim arising out of treatment in 2009 and 2010, but only issued in 2019.

Sheard v Cao Tri Do [2021] EWHC 2166 (QB)

Date
30th July 2021
Court
Key Issues
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Judge

In Sheard v Tri Do the court made findings of fact in relation to conflicting witness evidence in a clinical negligence claim. The case emphasises that the correct approach to personal recollections of witnesses in fact-finding exercises is that set out in Gestmin SGPS SA v Credit Suisse (UK) Ltd [2013].

Hughes v Rattan [2021] EWHC 2032 (QB)

Date
21st July 2021
Court
Key Issues
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Judge

The case of Hughes found the Defendant to be vicariously liable for the acts and omissions of self-employed associate dentists, finding the Defendant did owe the Claimant a non-delegable duty of care in respect of the dental treatment.  

Mukhtar Malik v St George’s University Hospitals NHS Foundation Trust [2021] EWHC 1913 (QB)

Date
12th July 2021
Court
Key Issues
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Judge

The case of Mukhtar Malik which hinges on a question of fact considers the issues of informed consent and a negligent failure to offer alternative treatments. The Facts In 2012, the Claimant attended his GP complaining of back pain and weakness in his legs. Matters deteriorated over the following two years, and, in July 2014 MRI scans […]

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