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Archive for the ‘Legal rulings’ category

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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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Attempted clinical negligence fraud lands claimant with jail sentence and an order to repay damages and costs

On 2 July 2021, Mr Darren Dommett was sentenced[1] to 29 weeks, almost 7 months, in jail for attempting to defraud the NHS of nearly £2 million. The Court found Mr Dommett had deliberately and grossly exaggerated the extent of his disabilities. The sentence also …

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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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