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 …
Case of note: ZZZ v. Yeovil District Hospital NHS Foundation Trust (High Court, 26 June 2019 – Garnham J.)
ZZZ v. Yeovil District Hospital NHS Foundation Trust A young woman (referred to as XXX) was a rear seat passenger in a car which was involved in a road traffic collision at 09.17 on 27 October 2011. She was wearing a lap seat belt but …
Case of note: Hooper v. Basildon and Thurrock University Hospitals NHS Foundation Trust (Central London County Court 15 February 2019 – Judge Baucher)
Causation in stroke case Factual summary Mr Hooper, a self-employed businessman aged 50, felt unwell at work on 18 July 2011. He was taken home by a colleague and his wife called an ambulance. He was admitted to Basildon Hospital at 13.04. The attending doctor …
Case of note: XX v. Whittington Hospital NHS Trust (Court of Appeal 19/12/2018)
This was a case where liability was admitted and the key issue was the correct measure of damages. There is an anonymity order in place to protect the identity of the claimant, but not that of the trust. XX developed cancer of the cervix. This …
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