RE (a minor) v Huddersfield and Calderdale NHS Foundation Trust [2017] EWHC 824 (QB); primary and secondary victims succeed in birth case

In RE (a minor) v Huddersfield and Calderdale NHS Foundation Trust [2017] EWHC 824 (QB) the infant claimant suffered a brain injury during her protracted birth. Her mother and grandmother sustained psychiatric injuries following sight of the baby, who was born in an extremely poor condition.

William Featherby QC and Vanessa Cashman of 12KBW succeeded in obtaining judgment on behalf of all three claimants. Vanessa discusses the case in this post.

Continue reading “RE (a minor) v Huddersfield and Calderdale NHS Foundation Trust [2017] EWHC 824 (QB); primary and secondary victims succeed in birth case”

SIMON BARNETT v MEDWAY NHS FOUNDATION TRUST [2017] EWCA Civ 235; justified inability to make a finding of fact.

Co-editor of the 12KBW Clinical Negligence blog Rory Badenoch considers the recent Court of Appeal case of Barnett, one of the rare cases in which a judge’s inability to resolve an issue of fact had been justified (Stephens v Cannon [2005] EWCA Civ 222 and Verlander v Devon Waste Management [2007] EWCA Civ 835 applied). Also of note was the Court of Appeal’s criticism of the brevity of the judgment at first instance. This criticism was held to be of particular importance where a key issue is decided on the basis that a claimant has failed to discharge the burden of proof.

Continue reading “SIMON BARNETT v MEDWAY NHS FOUNDATION TRUST [2017] EWCA Civ 235; justified inability to make a finding of fact.”

Rodney Crossman v St George’s Healthcare Trust [2016] EWHC 2878 (QB) ; Chester v Afshar revisited

This blog post by Lois Aldred considers the decision in Crossman v St George’s Hospital Trust which raises interesting issues relating to the applicability of the decision in Chester v Afshar.

The Facts

The Claimant was a 63-year-old man who sought treatment for a numb arm and painful, stiff neck. Investigations revealed widespread degenerative changes and constitutional narrowing of the spinal canal.  He was referred to a neurosurgeon, Professor Papadopoulos, who advised a conservative treatment plan that included physiotherapy for three months with an outpatient review with him thereafter. Continue reading “Rodney Crossman v St George’s Healthcare Trust [2016] EWHC 2878 (QB) ; Chester v Afshar revisited”