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Clinical Medical Negligence

Medical Negligence cases and legal advice for claiming medical negligence sustained in the UK.

Gwynn, R (on the application of) v The General Medical Council [2007] EWHC 3145 (Admin) (28 November 2007)

Professional ConductComplaints against the general and vascular surgeon arose in part from procedures carried out more than five years before the complaints. In refusing to stay the disciplinary proceedings the registrar had erred because there were no exceptional circumstances requiring an invest......

Holt v Edge, High Ct, 26/7/2006

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 str......

Horton v Evans & Anor [2006] EWHC 2808 (QB) (10 November 2006)

When dispensing a prescription, a pharmacist was required to consider whether the medication prescribed was suitable for the patient; where there had been a change to the strength or dose of the patient's medication, the question to be asked was whether the prescription really represented what the ......

Hussain v. Bradford Teaching Hospital NHS Foundation Trust & Anor, QBD (Bradford), 10/11/11

Coulson J dismissed the claimant's claim for damages against the defendant NHS trust?s alleged negligent treatment of him upon admission into one of its hospitals. Coulson J held that the defendant had negligently failed to diagnose the claimant as having Cauda Equina Syndrome ('CES') and thus did ......

Jones v Kaney [2011] UKSC 13, 29/03/2011

The Supreme Court held (by a majority) there was no justification (whether as a matter of public policy or otherwise) which justified the continued immunity of an expert evidence from suit in respect of the performance by that expert of his/her duties in court or for the opinions expressed in repor......

Leggett v Norfolk, Suffolk & Cambridgshire Strategic Health Authority [2006] EWHC 1238 (QB) (26 May 2006)

Hospital doctors had not been negligent in their treatment of a baby who had sustained a rare brain condition shortly after his birth. ......

Lewis v Weston Area Health NHS Trust (QBD) 1/2/08

A hospital breached its duty in failing to carry out a sufficiently thorough examination of a patient and by delaying the diagnosis of anterior compartment syndrome and caused disability. ......

Ludwig v. (1) Oxford Radcliffe Hospitals NHS Trust (2) Gloucestershire Hospitals NHS Foundation Trust, QBD, 02/02/12

Claimant Failed To Establish Negligent Cause Of Brain Damage At BirthHolroyde J dismissed the Claimant's claim for damages for alleged professional negligence against the Defendants. It was alleged that the Defendants' hospital staff had failed to identify or treat a Group B Streptococcus infection......

McHugh v Gray [2006] EWHC 1968 (QB) (27 July 2006)

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. ......

Michael Cherney & Ors v. (1) Frank Neuman & Ors (2) Frank Neuman, ChD, 5/8/11

Solicitors' Conduct Of Property Transactions Not Negligent Henderson J held that the defendant solicitors' firm were not liable to their clients for damages for professional negligence, breach of fiduciary duty or breach of trust. The defendant had been instructed by the clamant to act on their beh......

Pauline McKenzie V. Fife Acute Hospitals NHS Trust [2006] CSOH 63

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 liabilit......

Robbie William Scott v. Lothian University Hospitals NHS Trust [2006] CSOH 92

Robbie Scott (15) suffered from cerebral palsy. In this action he sought damages for alleged medical negligence. The parties agreed the level of damages to be awarded in the event of a finding of negligence. Proof here therefore was restricted to whether or not Dr Tara Cooper, who was then a senior......

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