Clinical Judgment

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

Toombes v Mitchell [2021] EWHC 3234 (QB)

Date
1st December 2021
Court
Key Issues
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Judge

The case of Toombes v Mitchell concerned allegations of negligent pre-conception clinical advice by the Defendant with respect to folic acid supplements. The focus of this second hearing of this matter centered upon witness testimony regarding the consultation, which took place two decades ago.  

HTR v Nottingham University Hospitals NHS Trust [2021] EWHC 3228 (QB)

Date
30th November 2021
Court
Key Issues
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Judge

The case of HTR centered upon matters of fact. The Claimant, who proceeds by his mother and litigation friend, LJR, seeks damages arising from an antenatal clinic appointment, during which it is alleged the Defendant acted negligently by not investigating reports of reduced fetal movement.  

Gibbs v King’s College NHS Foundation Trust [2021] EWHC B24 (Costs)

Date
22nd November 2021
Court
Key Issues
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Judge

In Gibbs, a party who did not consider whether they were entitled to a remission of court fees and instead paid the fee risked being unable to recover that fee from their opponent in a costs assessment undertaken on the standard basis. If the Defendant could demonstrate that the receiving party fell within the remission scheme, […]

Thorley v Sandwell and West Birmingham NHS Trust [2021] EWHC 2604 (QB)

Date
1st October 2021
Court
Key Issues
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Judge

The case of Thorley involved a claim in clinical negligence brought against the Defendant Trust. The case focused on issues of breach of duty and causation. The Claimant contended that the Defendant was in breach for not following its own clinical guidelines.

Aderounmu v Colvin [2021] EWHC 2293 (QB)

Date
20th August 2021
Court
Key Issues
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Judge

The case of Aderounmu involved a preliminary issue on limitation for a claimant who was alleged to lack the mental capacity to manage the litigation. The Court had to decide whether he was under a disability, if not when his date of knowledge arose, and if it was more than 3 years before the proceedings […]

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