Clinical Judgment

Providing an easy to digest summary of recent clinical negligence judgments including the key issues and facts.

Watson v Lancashire Teaching Hospitals NHS Foundation Trust [2022] EWHC 148 (QB)

Date
26th January 2022
Court
Key Issues
, , ,
Judge

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 […]

Radia v Marks [2022] EWHC 145 (QB)

Date
26th January 2022
Court
Key Issues
, , ,
Judge

The judgment in Radia v Marks is essential reading for those who instruct experts in litigation. It contains an application of the principles set out in Khan v Meadows concerning the scope of a duty of care owed by expert witnesses to litigants.

Dalchow v St George’s University NHS Foundation Trust [2022] EWHC 100 (QB)

Date
20th January 2022
Court
Key Issues
, , ,
Judge

At first blush, the case of Dalchow looks like a fairly orthodox clinical negligence claim (where the Claimant won on breach of duty but lost on causation). However, the analysis of the trial judge (particularly on matters of law) is of particular interest, including: A ‘first principles’ analysis of the approach that should be taken […]

Paul & Ors v The Royal Wolverhampton NHS Trust [2022] EWCA Civ 12

Date
13th January 2022
Court
Key Issues
, , ,
Judge
, ,

The Court of Appeal has now handed down judgment in the conjoined appeals of Paul v Wolverhampton, Polmear v Cornwall and Purchase v Dr Ahmed. The appeals centre upon the ‘secondary victim’ criteria for psychiatric injury in Clinical Negligence claims, with the Court of Appeal finding itself bound by its decision in Taylor v A Novo […]

Freeman v Pennine Acute Hospitals NHS Trust [2021] EWHC 3378 (QB)

Date
3rd December 2021
Court
Key Issues
, ,
Judge

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 […]

Click here to stay in touch with the team at Outer Temple, receive new post alerts and get invited to our events.