Archive for the ‘Case of note’ category

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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 …

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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 …

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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 …

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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 …

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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 …

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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 …

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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 …

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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 …

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