Clinical Judgments by Court: High Court

Castello v Gonschior [2021] EWHC 2742 (QB)

Date
14th October 2021
Court
Key Issues
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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.  

Thorley v Sandwell and West Birmingham NHS Trust [2021] EWHC 2604 (QB)

Date
1st October 2021
Court
Key Issues
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Judge

The case of Thorley involved a claim in clinical negligence brought against the Defendant Trust. The case focused on issues of breach of duty and causation. The Claimant contended that the Defendant was in breach for not following its own clinical guidelines.

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].

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