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 […]
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 […]
The case of Leach is a helpful reappraisal of the law of material contribution to cases of PTSD in a clinical negligence context. Summary of the Facts On 18th September 2016, the Claimant suffered a subarachnoid haemorrhage (SAH) as a result of a ruptured aneurysm. The Claimant recovered well from the haemorrhage, but she was […]
