Judgments 2015

I have previously posted two blogs reviewing the results of High Court clinical negligence trials on liability. Given the interest generated I have decided to try to keep an ongoing record of such cases from 1 March 2015. Where the judgment is available online I have provided a link - just click on the name of the case.

Sir Colin MacKay
GP negligence regarding examination of knee
For the Claimant

Jeremy Baker J
Issues was the cause of cardiac arrest resulting in a severe hypoxic episode in mother who had recently given birth.
For the Claimant

Hewson-v-Medway MHS Foundation Trust (2015) Extempore.
Judge Robert Owen QC (QBD)
Whether Claimant's evidence of onset of neurogenic problems was to be accepted, leading to finding of liability for nerve damage caused during surgery
For the Claimant
Mrs Justice Swift
Secondary Victim claim failed
For the Defendant

Judge McKenna (QB)
Consent to vaginal delivery when ought to have been warned of  risk of shoulder dystocia and would have elected to have CS
For the Claimant

Mr Justice Knowles
Performance of leg amputation surgery not negligence
For Defendant


A-v-East Kent University NHS Foundation Trust [2015] EWHC 1038 (QB)

ABC v St George's Healthcare NHS Trust [2015] EWHC 1294 (QB)

Mr Justice Dingemans

Nichol J
No negligent failure to warn of risk of baby having chromosomal abnormality. Wrongful birth claim

Not fair, just or reasonable to impose duty of care on D to inform pregnant relative of patient about patient's diagnosis of Huntingdon's disease. Patient did not wish such information to be given. Had relative known she would have terminated pregnancy.
For the Defendant
Judgment on Lawtel

For Defendant

























Spencer-v-Hillingdon NHS Trust [2015] EWHC 1058 (QB)

Griffiths-v-Sec of State of Health [2015] EWHC 1264 (QB)

EXP-v-Barker [2015] EWHC 1289 (QB)

Choudhury v South Central Ambulance Service and another [2015] EWHC 1311 (QB)

Connolly v Croydon Health Services NHS Trust [2015] EWHC 1339 (QB)

FB v Rana et al [2015] EWHC 1536 (Admin) 

Liverpool Women's Hospital NHS Foundation Trust v Ronayne [2015] EWCA Civ 588

Darnley v Croydon Health Services NHS Trust [2015] EWHC 2301 (QB)

Owers v Medway NHS Foundation Trust and another [2015] EWHC 2363 (QB)

Wells and Smith v University Hospital Southampton NHS Foundation Trust [2015] EWHC 2376 (QB)

Pope v NHS Commissioning Board
(as yet unreported, but I was Counsel for the Claimant!)

Barrett v Sandwell & West Birmingham Hospitals NHS Trust [2015] EWHC 2627 (QB)

Sims v MacLennan [2015] EWHC 2739 (QB)

Royal Wolverhampton Hospital NHS Trust v June Evans [2015] EWCA Civ 1059

Tasmin v Barts Health NHS Trust [2015] EWHC 3135 (QB)

Pullen v Basildon and Thurrock University Hospital NHS Foundation Trust [2015] EWHC 3134 (QB)

Anderson v North West Strategic HA [2015] EWHC 3563 (QB)

O'Connor v Pennine Acute Hospital NHS Trust [2015] EWCA Civ 1244

Crammond v Medway NHS Foundation Trust [2015] EWHC 3540 QB

Reaney v University Hospital of North Staffordshire NHS Trust [2015] EWCA Civ 1119

Synclair v East Lancs Hospitals NHS Trust [2015] EWCA Civ 1283

Grimstone v Epsom & St Helier University Hospitals NHS Trust [2015] EWHC 3756 QB

Rich v Hull and East Yorks Hospitals NHS Trust [2015] EWHC 3395 (QB)

SXX v Liverpool Women's NHS Foundation Trust [2015] EWHC 4072 (QB)
Lawtel only - extempore
HHJ Collender QC (sitting as Judge of HC)

Mr Justice Turner

Kenneth Parker J

Mrs Justice Cox

HHJ Collender QC (sitting in High Court)

Mr Justice Jay

Court of Appeal on appeal from HHJ Gore QC

HHJ Robinson (Sitting as HC Judge)

Stewart J

Dingemans J

HHJ Robinson (sitting as a Judge of the High Court)

Blair J

HHJ Simkiss (as Judge of High Court)

Dame Janet Smith gave judgment

Jay J

HHJ Graham Woods (sitting as Judge of the High Court)

Turner J

Court of Appeal - Jackson LJ giving judgment

Judge Forster QC

Court of Appeal, Master of the Rolls giving judgment

Court of Appeal, Tomlinson LJ giving judgment

McGowan J

Jay J

Anthony Ellery QC sitting as DHCJ

Negligent advice about risk of pulmonary embolism following surgery

Ambulance crew negligence for mobilising patient with spinal injury causing deterioration

Negligent failure to diagnose brain aneurysm on scan. Issue regarding conflict of interest of expert

Issue of causation of locked in syndrome following stroke - use of statistical evidence to prove causation.

Consent to angiogram. Deficient information on written information sheet did not vitiate consent. On findings of fact, liability not made out

Delays in diagnosing pneumococcal meningitis

Secondary victim claim. Time between negligence and event. Issues about the "event|" and "recognised psychiatric condition"

No duty of care to provide accurate information about waiting times in A&E

Failure to give asprin to stroke victim not causative of injury. Secondary victim claim also failed - not "horrifying event"

Stillbirth after aspiration of meconium not caused by obstetric negligence. Father's secondary victim claim would also have failed as not "horrifying event".

Negligent failure by Nurse Practitioner at Walk-in Centre to refer patient for further investigation/review during swine flu pandemic. Patient had swine flu complicated by pneumonia at the time. Later she suffered cardio-pulmonary collapse with permanent, disabling neurological injury.

No Bolam negligence in failing to carry out surgery to relieve post-operative intra-ocular pressure.

Independent Medical Examiner had not failed to advise deceased to follow up a high BP reading with own GP. In any event but for test of causation would not have been satisfied (deceased suffered a stroke).

Trial Judge had not reversed the burden of proof when determining that a surgeon had been negligent when conduction a hip replacement operation. The surgeon  himself was a witness of fact at the trial.

Parents should have been advised that fetal blood sampling should be done given CTG but result would not have led to different outcome. Offer of Caesarean as alternative to FBS was not good practice. Montgomery did apply but the risk of injury due to FBS was not material.

Total hip replacement was negligently performed

Urgent Caesarean section not mandated following premature labour and vaginal bleeding

Inference of fact that femoral nerve damage wasw caused by dissection during surgery was legitimate and was not an application of res ipsa loquitur. Decision to disallow late introduction of new expert evidence was correct

A&E Dr negligent in failing to admit patient with heart condition for testing

Correct approach to causation when negligence has caused additional injury. Discussion of qualitative and quantitative differences

Trial judge entitled to make finding of fact on basis of patient's recollections even when not supported by contemporaneous medical record.

Informed consent to use of new medical devices in hip replacement operation.

Defendant not in breach of duty in failing to administer corticosteroids to C's mother during preganancy. Emergency Caesarean Section at 32 weeks gestation. C had Respiratory Distress Syndrome and developed perviventricular leukomalacia. On causation, held that C could not establish that the relative risk of corticosteroids avoiding RDS was sufficient to establish causation. however the Court found that the breach of duty (if found) would have materially contributed to C's RDS and PVL such that C would have recovered in full.

Midwife had failed to refer C's mother to obstetrician to discuss mode of delivery of twins. Had she done so C would have been born by CC Section and without the neurological injuries he suffered at birth.
For the Claimant

For the Claimant

For the Claimant

For the Defendant

For the Defendant

For the Defendant

For the Defendant after Appeal

For Defendant

For Defendant

For Defendant

For Claimant

For Defendant

For Defendant

For Claimant (upheld on appeal)

For Defendant

For Claimant

For Defendant

For Claimant/Respondent

For Claimant

Defendant's Appeal successful but case remitted to trial judge.

For Claimant/Respondent

For Defendant

For Defendant

For Claimant

Pre 1 March 2015 cases include Montgomery v Lanarkshire Health Board [2015] AC 1430 setting out the law on informed consent - a claimant success.

Tresidder v Royal Cornwall [2015] EWHC 1262 (QB) on Lawtel only, in which a spinal orthopaedic surgeon was found negligent for determining that an 8 yr old did not have scoliosis.

O'Malley v Northampton -[2015] EWHC 1317 (QB) in which C's claim was struck out. Claim was that C should ahve been informed of a 0.1% risk of blurred vision caused by treatment for hepatitis.

Hamed v Tottenham Hotspur  [2015] EWHC 298 - football club's doctor negligently allowed footballer to train and play notwithstanding cardiologist's advice. Cardiologist also at fault.

Mulholland v Medway [2015] EWHC 268 (QB) Green J - dismissed claim for negligence in A&E, referring to the pressurised environment.

McCabe v Moore [2015] EWHC 260 (QB). Sir Robert Nelson. A GP had been negligent in failing to diagnose infective
endocarditis which later caused a stroke.

Webb v Liverpool Women's Hospital [2015] EWHC 133 QB HHJ Saffman. Erb's palsy case in which decision to proceed to C Section and managment of shoulder dystocia at delivery in issue. Judgment for C only on one allegation.

Welch v Waterworth [2015] Med LR 41, CA.  Judge entitled to find surgeon negligent when his own notes recorded an error in the sequence of operative steps.

Border v Lewisham [2015]  EWCA (Civ) 8 Issue of consent to using particular arm for insertion of cannula. C successful

ST v Maidstone [2015] Med LR. Swift J. NHS trust breached duty to child by delaying blood transfusion and fluids but breaches had not caused or materially contributed to injury.

EW v Johnson [2015] Judge Collender QC - GP not negligent in managing 4 yr old who was diagnosed with pneumococcal meningitis shortly after the consultation. (On Lawtel)

Hayes v SE Coast Ambulance Service [2015] Judge Coe QC. Crew negligent in failing to appreciate asthma patient in life threatening condition.

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