In Wilkins v University Hospital North Midlands NHS Trust, the High Court was called upon to determine the date of knowledge for limitation purposes and whether the court should exercise its discretion to extend time in a claim arising out of treatment in 2009 and 2010, but only issued in 2019. The Facts In early […]
The case of Negus concerned a clinical negligence claim brought in respect of aortic valve replacement surgery. The case hinged on expert opinion as to whether the operating surgeon had been negligent in using a smaller mechanical valve. The Facts In Negus, a claim was initially brought by Tracey Negus, concerning an aortic valve replacement surgery […]
In Azam, Saini J dismissed the Defendant NHS Trust’s appeal, and as such the Claimant’s claim was allowed to proceed under s.33 Limitation Act. This was despite the fact that the claim had been brought c. 18 years outside the primary limitation period, and where the surgeon who had performed the index operation had died. […]
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 […]
