In this post Vanessa Cashman of 12KBW discusses the recent decision of Yip J in Meadows v Khan  EWHC 2990 (QB), a case concerning the recoverability of additional costs arising out of a disability unconnected with the negligent failure to diagnose that led to a wrongful birth.
In this post Angela Frost of 12KBW discusses the recent decision of Foskett J in Macaulay v Dr Abdul Karim & Croydon Health Services NHS Trust  EWHC 1795 (QB), yet another case involving the delayed identification of sepsis in a busy A&E department. The recent case of Darnley v Croydon NHS Trust  EWCA Civ 151 was also considered and distinguished.
Continue reading “Macaulay v Dr Abdul Karim & Croydon Health Services NHS Trust  EWHC 1795 (QB): Patient ‘slips through the net’ in A&E and loses a limb, toes and fingers as a result of sepsis.”
In this post Vanessa Cashman of 12KBW discusses the recent decision of HHJ Graham Wood QC (sitting as a Deputy High Court Judge) in Tracey Giles v Alexandra Chambers, a rare reported case involving cosmetic surgery.
The Claimant underwent VASER liposuction removal of fat from her thighs and buttocks at the Defendant’s private clinic.
In this blog Isaac Hogarth of 12KBW discusses the recent judgment of the Court of Appeal which considers the limits of the causation principles set down by the House of Lords in Chester v Afshar. Continue reading “Correia v University Hospital of North Staffordshire NHS Trust  EWCA Civ 356: where are the limits to the Chester v Afshar exception to causation?”
In RE (a minor) v Huddersfield and Calderdale NHS Foundation Trust  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.
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  EWCA Civ 222 and Verlander v Devon Waste Management  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.
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 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  EWHC 2878 (QB) ; Chester v Afshar revisited”