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Carter v Basildon & Thurrock University Hospitals NHS Foundation Trust [2007] EWHC 1882 (QB) (30 July 2007)


Failure to Admit patient caused her Death. The Deceased, aged 20, complained of headaches in the mornings at a post-natal check six days after giving birth; she was nevertheless permitted to leave hospital. The next day she fell seriously ill and died at midday the following day. The Defendant admitted that it had breached its duty of care by not admitting her to hospital for assessment and observation. However, it argued that nothing could have been done to prevent the death in any event and the negligence made no difference. David Foskett QC held that, on the balance of probabilities, if the Deceased had been admitted to hospital she would have survived. She would have received heparin and other supportive treatment; her age, sex and general fitness suggest that she was a good candidate for survival.