The case of Jarman provides an interesting exposition of the Bolam test. In this case, the Defendant was found to not have been negligent in failing to refer the Claimant for an emergency MRI. The Facts The Claimant injured her back in a work accident on the 17th February 2015. She reported lower back pain persisting for […]
The case of Calderdale emphasises the serious consequences of exaggerated and fundamentally dishonest claims brought against the NHS. Facts The Claimant (Ms. Metcalf) pursued a legitimate claim for clinical negligence deriving from delay in diagnosing Cauda Equina syndrome in 2012. The Defendant (Huddersfield Trust) admitted liability for a delay of one day in the Claimant’s […]
The case of Brint, which largely turns on the evidence, demonstrates that Claimants who are “wholly unreliable” are not necessarily fundamentally dishonest. Introduction The Claimant’s claim arises following an extravasation injury following a CT scan with contrast carried out at the Defendant’s King George Hospital. The claim is for negligent treatment, alleging that proceeding without the […]
The case of Polmear is the latest in a series of cases in which the limits of the application of the Alcock control mechanisms are being considered in the clinical negligence context. The Defendant’s attempted strike out of the Claimants’ secondary victim psychiatric injury claims failed – but an appeal is being heard, along with […]
The case of Davies involved a claim for damages for clinical negligence brought on behalf of the deceased. The crux of the case concerned causation and whether, on the balance of probabilities, earlier administration of antibiotics would have avoided death. The Facts The Claimant, the widower of the deceased, alleges that the Defendant Trust’s negligence caused the […]
