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Clinical Negligence

//Clinical Negligence

XX V WHITTINGTON – Knowing when to return?

By |October 17th, 2017|Case Notes, Clinical Negligence|

Sir Robert Nelson on 18th September handed down judgement in this case. Claire Watson instructed by Irwin Mitchell LLP appeared for the Claimant; Charles Feeny, instructed by Bevan Brittan LLP appeared for the Defendant.  XX attended smear tests administered by doctors working for the Defendant in 2008 and 2012, and subsequently attended biopsies in 2012 [...]

“Successful” claimant’s costs recovery restricted to 6.7% of budget

By |March 26th, 2017|Case Notes, Clinical Negligence|

See link here for discussion of facts and judgment on liability by Charles Feeny PD -v- RLBUH NHS T Key points Successful claimant’s costs recovery restricted after fully contested trial to a fixed sum reflecting just 6.7% of the budgeted base fees and disbursements; and Claimant ordered to pay all of the defendant’s costs following [...]

PD v RLBUH NHS T (2016) – Reasonable Reconstruction or Speculation in Surgical Negligence?

By |March 23rd, 2017|Case Notes, Clinical Negligence|

Facts: On 11thNovember 2010 the claimant, Mr PD, underwent a laparoscopic subtotal colectomy and end ileostomy, which involved removal of the colon and diversion of the small bowel to an opening in the stomach. Following the procedure it emerged that the claimant had suffered an intraperitoneal haemorrhage to the bowel during the first surgery, and [...]

Proving the Difference?

By |November 2nd, 2015|Case Notes, Clinical Negligence|

Case Background The Court of Appeal today handed down Judgment in the case of Christine Reaney v University Hospital of North Staffordshire NHS Trust and Another allowing the Defendant’s appeal against the Order of Mr Justice Foskett. The Court of Appeal have remitted the case to Mr Justice Foskett for further determination in the light of [...]

The Labyrinth of information: the decision in Spencer v Hillingdon Hospital NHS Trust [2015] EWHC 1058 (QB)

By |May 20th, 2015|Case Notes, Clinical Negligence|

Case Background The Claimant, Mr Spencer, sought damages for personal injury caused by the alleged negligent actions of the Defendant hospital in the lead up to an operation and in the aftermath. The Claimant underwent an operation to correct a hernia in his right groin. The operation was initially undertaken with use of a laparoscope [...]

Alkaline metal and the heart: Davies v Countess of Chester Hospital [2014] EWHC 4294 (QB)

By |January 7th, 2015|Case Notes, Clinical Negligence|

Case Background The Claimant in this action sought damages from the Defendant for the wrongful death of her husband, Mr John Davies, for the events which occurred during his time in hospital in early January 2010. Mr Davies attended hospital in the early morning of the 4th January 2010 having felt unwell on the drive [...]

It’s only logical: Davies v University Hospital of North Staffordshire [2014] EWHC 4004 (QB)

By |December 15th, 2014|Case Notes, Clinical Negligence|

Case Background This was a claim against the Defendant NHS Trust for failure to arrange a brain scan (either a CT or MRI) on two occasions in early 2001. The Claimant subsequently underwent a scan which revealed the presence of a tumour located in the frontal section of the brain. It was accepted by the [...]

Explaining the unexplainable? Shovelton v Central Manchester University Hospital NHS Foundation Trust & PE v Royal Liverpool University Hospital

By |April 28th, 2014|Case Notes, Clinical Negligence|

Case Background Shovelton v Central Manchester University Hospital NHS Foundation Trust In November 2007 the Claimant underwent a carotid endarterectomy intended to lessen the risk of suffering a stroke. Unfortunately, while the operation was a success in that the Claimant avoided having a stroke, the Claimant suffered complications from the surgery. The Claimant was left [...]