Clinical Judgment

Brint v Barking, Havering and Redbridge University Hospitals NHS Trust [2021] EWHC 290 (QB)

Date
9th February 2021
Court
Key Issues
, , , ,
Judge

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 […]

Polmear v Royal Cornwall Hospitals NHS Trust [2021] EWHC 196 (QB

Date
5th February 2021
Court
Key Issues
,
Judge

The case of Polmear is the latest in a series of cases in which the limits of the application of the Alcock control mechanisms are being considered in the clinical negligence context. The Defendant’s attempted strike out of the Claimants’ secondary victim psychiatric injury claims failed – but an appeal is being heard, along with […]

Davies v Frimley Health NHS Foundation Trust [2021] EWHC 169 (QB)

Date
29th January 2021
Court
Key Issues
, ,
Judge

The case of Davies involved a claim for damages for clinical negligence brought on behalf of the deceased. The crux of the case concerned causation and whether, on the balance of probabilities, earlier administration of antibiotics would have avoided death. The Facts The Claimant, the widower of the deceased, alleges that the Defendant Trust’s negligence caused the […]

Vinegrad v University College London Hospitals NHS Foundation Trust & ors

Date
22nd January 2021
Court
Key Issues
, , ,
Judge

The case of  Vinegrad highlights how important the preparation of a case and expert evidence is to the final outcome as well as the complexities and considerations of remote hearings. The Facts On 14  August 2012, the Claimant suffered a serious head injury when struck by a car in China. He required intubation and ventilation for […]

Ismail v Joyce [2020] EWHC 3453 (QB) 

Date
16th December 2020
Court
Key Issues
, , ,
Judge

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 […]

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