Case of note: White (deceased) v. Secretary of State for Health and Social Care (High Court, 2 December 2022 – Jeremy Hyam KC)
Introduction Mr. White died on 8 April 2020 from mesothelioma at the age of 87. His estate claimed that his death had been caused through wrongful exposure to asbestos dust whilst working at Sefton General Hospital in Liverpool between 1949 and 1960, when he was …
Farah Saber v. University Hospitals Birmingham NHS Foundation Trust (Birmingham County Court, 2 December 2022 – Recorder Weaver KC)
Introduction Ms. Saber underwent an operation on 2 September 2013 to remove a tumour from her abdomen. This was carried out following general anaesthetic and an epidural. When she awoke from the procedure she could not move her legs and, whilst there has been improvement …
Case of note: MT and KT v. Kent & Medway NHS Social Care Partnership Trust (High Court, 10/2/2022 – Johnson J.)
Introduction On 8 February 2015 MT suffered a psychotic episode and threatened to stab his daughter, KT. Police officers attended. The following day he actually stabbed KT several times, causing serious injuries. He was prosecuted for attempted murder and found not guilty by reason of …
Case of note – North Bristol NHS Trust v. HBW (High Court, 26 May 2022 – Ritchie J.)
Introduction This was a sentencing hearing for Contempt of Court in a claim brought by the trust and NHS Resolution. As such, the case name reverses the usual order. Detail HBW was a young woman who alleged that the trust negligently delayed diagnosing her cauda …
Case of Note: JA v. Mid-Cheshire Hospitals NHS Foundation Trust (High Court, 26 January 2022 – Eyre J.)
Introduction This hearing involved an attempt to re-open a clinical negligence claim over fifteen years after it had originally been discontinued during a hearing before another High Court judge. Details JA was born in 1997 and suffers from severe cerebral palsy. He was delivered by …
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 …
