Clinical Judgments

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

Date
3rd December 2021
Court
Key Issues
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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 […]

Sheard v Cao Tri Do [2021] EWHC 2166 (QB)

Date
30th July 2021
Court
Key Issues
, ,
Judge

In Sheard v Tri Do the court made findings of fact in relation to conflicting witness evidence in a clinical negligence claim. The case emphasises that the correct approach to personal recollections of witnesses in fact-finding exercises is that set out in Gestmin SGPS SA v Credit Suisse (UK) Ltd [2013]. Introduction The trial in relation […]

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