Clinical Judgments by Key issue: Causation

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.

Baidoo v Barking, Havering, and Redbridge University Hospitals NHS Trust [2021] 6 WLUK 227

Date
16th June 2021
Court
Key Issues
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Judge

Baidoo v Barking Havering and Redbridge University Hospitals NHS Trust demonstrates that where a claimant’s clinical negligence claim is entirely dependent on expert evidence, if the Claimant has not instructed experts, and there is no realistic prospect of him or her doing so before trial, then the claim has no real prospect of succeeding, and […]

Davies v Frimley Health NHS Foundation Trust [2021] EWHC 169 (QB)

Date
29th January 2021
Court
Key Issues
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Judge

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 […]

Michelle Leach v North East Ambulance Service NHS Foundation Trust [2020] EWHC 2914 (OB)

Date
30th October 2020
Court
Key Issues
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Judge

The case of Leach is a helpful reappraisal of the law of material contribution to cases of PTSD in a clinical negligence context. Summary of the Facts On 18th September 2016, the Claimant suffered a subarachnoid haemorrhage (SAH) as a result of a ruptured aneurysm. The Claimant recovered well from the haemorrhage, but she was […]

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