Archive for the ‘Legal rulings’ category

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Case of note: Paul v. Royal Wolverhampton NHS Trust; Polmear v. Royal Cornwall Hospitals NHS Trust; Purchase v. Dr. Ahmed (Supreme Court – 11 January 2024)

Introduction These three cases were dealt with as a group by the Supreme Court because they all involved claims from secondary victims arising from instances of alleged clinical negligence.  Secondary victims are not people who received the treatment which was said to have been negligent, …

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Case of note: Anna Callaghan v. South Tees Hospitals NHS Foundation Trust (High Court, 19 May 2023 – Ellenbogen J.)

Introduction This case involved the death of a week-old baby, following initial discharge from hospital, from Group B Streptococcus bacterial meningitis and septicaemia.  Allegations centred on the midwifery care.  The judgment is lengthy, amounting to 131 paragraphs and 53 pages, so this report is necessarily …

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Case of note: JM v. University Hospitals Dorset NHS Foundation Trust (Bournemouth County Court 30 September 2022 – Judge Walsh)

Introduction This case involved the consent process for gynaecological surgery.  The claimant alleged she had been given insufficient options, as a result of which she chose total laparoscopic hysterectomy with bilateral removal of her ovaries, whereas had she been given greater choice she would not …

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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 …

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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 …

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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: 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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