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Sutcliffe v BMI Healthcare Ltd [2007] EWCA Civ 476 (18 May 2007)

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Following a routine knee operation the Claimant died after swallowing his own vomit. The allegation that the nursing staff had been negligent not to assess his consciousness in the morning was held not to be negligent. Although the preferred expert had not come across this particular event before, the court was entitled to prefer his evidence given his knowledge of morphine and anesthesia.

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