Clinical Judgments by Key issue: Findings of Fact

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].

Brint v Barking, Havering and Redbridge University Hospitals NHS Trust [2021] EWHC 290 (QB)

Date
9th February 2021
Court
Key Issues
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Judge

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 […]

Ismail v Joyce [2020] EWHC 3453 (QB) 

Date
16th December 2020
Court
Key Issues
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Judge

Ismail considered the question of how to resolve discrepancies where the Claimant’s medical records diverge from her narrative. Ismail stresses that the more compelling contemporaneous evidence a Claimant can adduce to support her version of events, the likelier it is that a Court will find in the Claimant’s favour. Facts Ismail concerned a claim against a GP for […]

Hewes v West Hertfordshire Acute Hospitals NHS Trust & Ors [2020] EWCA Civ 1523

Date
18th November 2020
Court
Key Issues
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Judge
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Hewes v West Hertfordshire Acute Hospitals NHS Trust & Ors concerned an appeal following an initial unsuccessful claim for damages in a cauda equina case. Hewes emphasises the difficulties a party will face in seeking to challenge judicial evaluation of fact on appeal. Facts In Hewes, the Claimant had a history of back pain. An […]

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