Davies J held that the defendant GP had not failed in his duty of care by failing to diagnose symptoms of meningitis following an examination of his patient who was subsequently diagnosed with such disease after her admission to hospital the next day. There had been an evidential dispute between the GP and the patient’s parents as to the symptoms with which the patient presented on the day of the examination. Davies J preferred the evidence of the GP that no such symptoms were present on the day ...
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NHS Trust Negligently Caused Claimant’s Paraplegia
Slade J held that the Defendant NHS Trust had negligently caused the Claimant’s paraplegia following surgery at the Trust’s hospital to correct curvature of her spine and to prevent the progression of her scoliosis. Slade J accepted that on a balance of probabilities, the damage to the Claimant’s spinal cord that resulted in the paraplegia was caused by a misplacement of the pedicle screw thus compressing the spinal cord. Slade J further found that the operating surgeon’s failure to use bi-plana ...
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Professional Negligence Claimant Against Expert Psychologist Raising Defence Of Witness Immunity Struck Out
Blake J granted the application of an expert psychologist for summary judgment striking out the claimant’s professional negligence claim against her. The expert had prepared an expert report in support of a claim by the claimant for personal injuries sustained in a road traffic accident and in particular, PTSD. The expert subsequently signed a joint statement damaging to the claimant’s claim and it transpired that she had done so without comment or amendment. The expert’s defence to the professi ...
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Failure To Take Prisoner’s Medical History Upon Consultation Constituted A Breach Of Duty Of Care
Sir Christopher Holland held that the Ministry of Justice had breached its duty of care to a former inmate who after release from prison was diagnosed with a ductal carcinoma in her right breast leading to a mastectomy. During her detention, the claimant consulted prison medical officers complaining of a breast lump. In light of the claimant’s previous complaints and prior consultations, Sir Holland held that the failure by the prison medical officer to take a medical history fell below the reas ...
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GP Not Negligent In Failing To Diagnose Possible Premature Rupture Of Womb Membranes Where Pregnant Woman Had Not Advised Of Incontinence
Walker J held that a general practitioner had not been negligent in failing to diagnose that a pregnant woman had suffered or may have suffered from a premature rupture of her womb membranes resulting in her baby being born prematurely at home and without medical support and such that he was left with disabilities associated with cerebral palsy. Walker J found that on the evidence, the general practitioner had not been informed of any incontinence such that would have caused him to investigate p ...
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Prescription Of Medication With Known Side Effects Not Negligent As Not A Decision Which No Reasonably Competent Ophthalmologist Could Have Made
Mr. Richard Seymour QC (sitting as a Judge of the High Court) dismissed the claimant’s claim for damages for personal injuries sustained following the alleged negligence of a doctor employed by the hospital of the defendant board. Mr. Seymour QC held that the doctor who had prescribed the claimant eye drops which were known to be effective for one of his eye conditions but which had known side effects and would exacerbate another of his conditions, had not acted negligently. The doctor’s decisio ...
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GP Not Negligent In Not Identifying Tumour Upon Clinical Examination
Hickinbottom J dismissed the claimants’ professional negligence claims against the defendant general practitioner in respect of her alleged negligence in failing to carry out a proper physical examination of a patient and which would, it was alleged, have revealed the existence of a cancerous tumour when it could and probably would have been successfully treated. Hickinbottom J held that the defendant had, as part of her invariable routine patient examination, carried out a bimanual examination ...
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The failure by a doctor to disclose that he had been refused approval by another strategic health authority when asked to do so in the application form was sufficient grounds to suspend the doctor for one year even where the doctor had been told by one of the panel members who had refused his approval that he need not disclose it on a subsequent application. Although the doctor had not appeared at the panel hearing, it had done everything reasonable to ensure that anything that might assist the ...
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The failure by nurses to summon a doctor despite drastic falls in the heart and respiratory rates of an infant had on the balance of probabilities materially contributed to the cerebral atrophy subsequently suffered.
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The failure by the hospital to not obtain properly the Claimant’s consent to an invasive angiogram by not discussing the alternative imaging methods and their respective comparative risks allowed the Claimant to recover despite the actual performance of the angiogram not being negligent.
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