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 …
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 …
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 …
Primary Care Appeals: interest on monies owed
Primary Care Appeals has been the expert appellate body providing resolution in unresolved disputes between NHS service commissioners and NHS service providers for the last twenty-eight years. Wherever local resolution fails, Primary Care Appeal steps in to resolve disputes between NHS England and Improvement or …
Read more [Continue reading] Primary Care Appeals: interest on monies owed
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 …
Six-month custodial sentence for multi-million pound attempted fraud on the NHS
At a committal hearing on 11 February 2021, Ms Linda Metcalf was sentenced to six months in jail for deliberately attempting to defraud the NHS in excess of £5.7 million. In addition, Ms Metcalf was ordered to repay the costs of the committal hearing within …
Case of note: ZZZ v. Yeovil District Hospital NHS Foundation Trust (High Court, 26 June 2019 – Garnham J.)
ZZZ v. Yeovil District Hospital NHS Foundation Trust A young woman (referred to as XXX) was a rear seat passenger in a car which was involved in a road traffic collision at 09.17 on 27 October 2011. She was wearing a lap seat belt but …
Case of note: Hooper v. Basildon and Thurrock University Hospitals NHS Foundation Trust (Central London County Court 15 February 2019 – Judge Baucher)
Causation in stroke case Factual summary Mr Hooper, a self-employed businessman aged 50, felt unwell at work on 18 July 2011. He was taken home by a colleague and his wife called an ambulance. He was admitted to Basildon Hospital at 13.04. The attending doctor …
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