The judge had been entitled not to exercise his discretion to disapply the limitation period in a case where the claimant was suing a psychiatrist, as a result of an allegedly negligent diagnosis, seven years out of time.
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On the evidence, a general practitioner was not liable in negligence to the claimant for failing to diagnose a sub-arachnoid haemorrhage and refer her to hospital as she had presented with unusual symptoms. Even if there had been negligence, it was likely that the claimant would have suffered a stroke in any event.
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Ankle operation – Erroneous finding on issue of causation. A judge had erred, in reaching the conclusion that negligent delay in carrying out an operation on an injured ankle had not been causative of long term disablement, because he had failed to consider whether the likelihood of the culpable delay in treatment had rendered the operation less likely to succeed.
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Damage suffered during hysterectomy – Negligence not established. The NHS trust was not liable in negligence in respect of vein and nerve damage sustained by a patient during a hysterectomy as it had undertaken the appropriate courses of action when carrying out the procedure.
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A sufficient relationship of proximity existed to justify the imposition of a duty of care between a family seeking damages for wrongful birth and a third party laboratory that had prepared a sample of tissue for pre-natal DNA analysis on behalf of the defendant NHS trust.
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Hospital doctors had not been negligent in their treatment of a baby who had sustained a rare brain condition shortly after his birth.
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Breach of duty established, but causation not established on the evidence. Although a hospital had been in breach of duty by not communicating to surgeons performing an operation the results of laboratory tests showing the presence of bacteria in a patient's existing surgical wound, and in not administering appropriate antibiotics to combat those bacteria, the hospital was not liable to the patient for his eventual continuing disability as, on a substantial balance of probabilities, the bacter ...
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Civil Proof on Causation
Kyle McKenzie (12) suffered from cerebral palsy which was caused by events at his birth in 1994. The proof here related solely to the timing of the events that caused that condition the defenders having lodged a Minute of Admission of Liability in the terms:- "...the defenders hereby admit liability to make reparation to the pursuer, as guardian for Kyle McKenzie, for any loss, injury and damage sustained by Kyle McKenzie as a result of his not being born by 2140 hours on 25 February 1994". The ...
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NHSLA – Reasonable security and continuity of periodical payments. The continuity of periodical payments for future pecuniary loss in respect of personal injury caused by clinical negligence was reasonably secure, under the Damages Act 1996 s.2(3), as a result of arrangements made between the NHS Litigation Authority, the parties and the secretary of state. The arrangements ensured that the NHSLA was the effective source of payments under the periodical payments orders and that the orders coul ...
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Misdiagnosis of celiac disease – Recognised psychiatric injury not established. Where a claimant had been misdiagnosed as suffering from coeliac disease and had been on a gluten free diet for a number of years, the loss claimed for psychiatric injury, which was less than a recognised psychiatric illness, was not recoverable at law. The balance of the claim was for economic loss and was time-barred under the Limitation Act 1980.
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