Category: Causation

Macaulay v Dr Abdul Karim & Croydon Health Services NHS Trust [2017] 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 Angela Frost of 12KBW discusses the recent decision of Foskett J in Macaulay v Dr Abdul Karim & Croydon Health Services NHS Trust [2017] 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 [2017] EWCA Civ … Continue reading Macaulay v Dr Abdul Karim & Croydon Health Services NHS Trust [2017] EWHC 1795 (QB): Patient ‘slips through the net’ in A&E and loses a limb, toes and fingers as a result of sepsis. →

TRACEY GILES v ALEXANDRA CHAMBERS [2017] EWHC 1661 (QB): Negligent provision of liposuction.

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. VASER … Continue reading TRACEY GILES v ALEXANDRA CHAMBERS [2017] EWHC 1661 (QB): Negligent provision of liposuction. →

Correia v University Hospital of North Staffordshire NHS Trust [2017] EWCA Civ 356: where are the limits to the Chester v Afshar exception to causation?

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. The Facts The claim arose from the surgical treatment of a painful recurrent neuroma (benign tumour of the nerve tissue) in … Continue reading Correia v University Hospital of North Staffordshire NHS Trust [2017] EWCA Civ 356: where are the limits to the Chester v Afshar exception to causation? →

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