Case of note: Morawiec v. University College London Hospitals NHS Foundation Trust (Central London County Court, 30 August 2024 – Judge Baucher)
Introduction This case involved allegations that a total knee replacement (TKR) operation on 22 May 2019 was performed negligently and that following this procedure the trust failed adequately to diagnose, treat or act upon the claimant’s presentation. Details An orthopaedic expert instructed on behalf of …
Case of Note: LN v. Blackpool Teaching Hospitals NHS Foundation Trust (High Court, 21 June 2024: Judge Pearce)
Introduction The claimant (LN) and his mother (MC) are subject to an anonymity order by the judge and are therefore referred to by these initials throughout. Summary The trust admitted breach of duty in managing MC’s labour through administration of syntocinon, a drug used to …
Case of note: Karen Spellman v. Portsmouth Hospitals University NHS Trust (High Court, 31 July 2024 – Sweeting J.)
Introduction The claimant (KS) alleged that the trust had negligently failed to identify Cauda Equina Syndrome (CES), and that consequently she had experienced ongoing pain and suffering, whereas had this diagnosis been reached she would have had urgent decompression surgery leading to a better outcome. …
Case of note: Sutton (deceased) v. Clatterbridge Cancer Centre NHS Foundation Trust (Liverpool County Court, 31 May 2024 – Judge Richard Carter)
Introduction This case involves two related allegations – that the patient should have been provided with post-operative radiotherapy in October 2017; and that she ought to have been given palliative radiotherapy from early 2018. These failings, it was claimed, caused her unnecessary pain and suffering. …
Case of note: Lewis-Ranwell v. G4S Health Services (UK) Ltd., Devon Partnership NHS Trust and Devon County Council (Court of Appeal 16 February 2024)
Introduction The claimant (ALR), whilst in a delusional state, killed three innocent elderly men in the belief they were paedophiles. At his criminal trial he was found not guilty of murder by reason of insanity. A civil claim in negligence was brought on his behalf …
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, …
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 …
Case of note: McCulloch (deceased) v. Forth Valley Health Board (Supreme Court – 12 July 2023)
Introduction This is an important ruling on consent to medical treatment by the Supreme Court, which clarifies an aspect of their landmark ruling in Montgomery v. Lanarkshire Health Board in 2015. Details Mr. McCulloch was admitted to hospital with severe chest pains on 23 March …
