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 […]
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 […]
In a case, which largely turned on its facts, HHJ Cotter QC, sitting as a High Court Judge found that the Defendant Trust was not liable for failing to return the Claimant to surgery prior to a significant neurological deterioration in his condition. Facts On the 9th June 2015, the Claimant underwent a complex operation […]
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 […]
