The case of Watson involved disputed factual issues relating to causation, with the central question being whether the Defendant’s admitted breach of duty in failing to include a transient ischaemic attack (TIA) in the differential diagnosis and in turn to prescribe Aspirin would have prevented the Claimant suffering a stroke several months later. The judgment […]
Freeman, a case which turned on issues of fact, was a Clinical Negligence claim for damages for severe brain injuries arising from negligent advice provided by a midwife working at the Defendant’s hospital. The case illustrates the judicial treatment of (i) the burden of proof relating to the absence of record-keeping (ii) the weight to be […]
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]. Introduction The trial in relation […]
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 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 […]
