Clinical Judgments by Judge: Master Cook

Pal v (1) Damen (2) BIRAND [2022] EWHC 004697 (QB)

Date
5th May 2022
Court
Key Issues
,
Judge

As noted in our previous blog entry discussing Clarke v Kaleciński, the growing phenomenon of UK residents travelling abroad for cosmetic surgery is, sadly, a fertile ground for clinical negligence claims. There are often major arguments to be had at the outset of such cases about which country’s courts have jurisdiction to hear the case […]

Aderounmu v Colvin [2021] EWHC 2293 (QB)

Date
20th August 2021
Court
Key Issues
, , ,
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 […]

Polmear v Royal Cornwall Hospitals NHS Trust [2021] EWHC 196 (QB

Date
5th February 2021
Court
Key Issues
,
Judge

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 […]

Henry v Oxford University Hospitals NHS Foundation Trust [2020] EWHC 3306 (QB)

Date
7th December 2020
Court
Key Issues
, ,
Judge

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 […]

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