Case of Note: Evie Toombes v. Dr. Mitchell (High Court 21 December 2020 – Lambert J. and 1 December 2021 – Judge Coe QC)
Introduction This was an unusual case which appeared before the High Court on two occasions. It involved alleged negligence by Dr. Mitchell, a general practitioner, in giving advice to Evie’s mother in February 2001 concerning folic acid supplements. Evie was born in November 2001 and …
Cases of note: Paul v. Royal Wolverhampton NHS Trust; Polmear v. Royal Cornwall Hospital NHS Trust; Purchase v. Ahmed (Court of Appeal 13 January 2022)
These three cases were heard together by the court. All involved “secondary victims”, in other words people who were not directly subject to the alleged negligence, but either witnessed a shocking event or came upon it in its immediate aftermath. Those directly affected are known …
Case of note: Barking, Havering and Redbridge University Hospitals NHS Trust . AKC (High Court, 29 September 2021 – Steyn J. and Master Brown)
This was a complex and high value clinical negligence case involving the treatment of a cerebral arterio-venous malformation in 2012. The trust admitted liability and settlement received court approval in 2019. Solicitors for the claimant submitted a bill of costs exceeding £1m. NHS Resolution argued …
Case of note: Henry v. Oxford University Hospitals NHS Foundation Trust (High Court, December 2020)
Mr. Henry was a carpenter who suffered long-standing back pain and sciatica following an accident at work in 1990. In 2010 he underwent surgery which involved the insertion of bilateral pedicle screws in his back, secured with metal rods. Unfortunately he continued to experience severe …
Case of note: Collyer v. Mid Essex Hospital Services NHS Trust (High Court, 20/12/2019 – Judge Coe QC)
Introduction Mr Collyer, who had a history of laryngeal cancer, underwent a laryngectomy (surgical removal of the larynx) in February 2014. He has been free of cancer since then but has almost no movement in his tongue as a result of significant damage to both hypoglossal …
Case of note: XX v. Whittington Hospital NHS Trust (Supreme Court, 1 April 2020)
XX was a woman in her late 20s at the time of the negligence which led to her claim. The trust failed to identify invasive carcinoma in the years leading to 2012. Had they detected preliminary signs in 2008, there would have been a 95% chance …
Case of note: ABC v. St. George’s University Hospital NHS FT, SW London & St. George’s Mental Health NHST and Another (High Court, 28 February 2020 – Yip J.)
In 2007 XX, who was ABC’s father, killed her mother. He was found guilty of manslaughter by reason of diminished responsibility and made subject to a hospital order under the Mental Health Act. He was placed at a facility run by the second defendant, where …
Case of Note: Mordel v. Royal Berkshire NHS Foundation Trust (High Court, 8 October 2019 – Jay J.)
This was a claim for ‘wrongful birth’. Ms. Mordel, whose first language was Polish although she spoke good English, became pregnant in 2014 and had her booking appointment with a community midwife at her GP’s surgery on 23 June. She agreed to undergo all six …
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