Muller v King`s College Hospital NHS Foundation Trust  EWHC 128 (QB) – The court upheld the correct legal test for identifying negligence when a consultant histopathologist failed to identify early signs of malignancy in a biopsy slide with human tissue. Damages were awarded. (February 2017) It is important to pursue medical negligence claims for two reasons. First, it allows them to pay for the support and rehabilitation they need; Second, it ensures that hospitals and doctors streamline their procedures to ensure that such errors do not happen again. Lawyers representing plaintiffs in medical negligence cases must have experience in this area of law to ensure not only that the claim is well-founded, but also that the most favourable terms of compensation are obtained on behalf of their client. The cases described below are among the most notable and an indication of what can go wrong when care services are under pressure – and that`s just the tip of the iceberg. The Physician Advocacy Service will summarize court decisions in cases of clinical negligence on this page. Check out our summaries of psychiatric neglect cases, GP negligence cases and digested obstetric neglect cases below. DDS will add some other cases when judgments are decided by the courts. Our lawyers represent physicians in clinical negligence claims. At this stage, the parties exchange evidence and are encouraged to reach a settlement in court in the meantime. As a result, cases of clinical neglect involving complex diseases often take years to resolve.
The cases summarized below illustrate some of the cases and situations in which Attwaters Jameson Hill`s medical negligence team achieved a certain level of justice for clients, often under stressful circumstances. An 11-year-old girl who suffered from dyskinetic cerebral palsy after suffering a severe brain injury at birth has been awarded more than £14 million in damages. The girl, who cannot be named but is referred to as MXX in legal documents, suffered the injuries due to lack of care when she was born at the Royal London Hospital in Whitechapel in May 2007. As an aspiring advocate of clinical negligence, this statement is a reminder that medical personnel are human and will inevitably make mistakes. However, from these mistakes, we can try to better understand what led to improving medical practice and avoiding similar cases of clinical negligence in the future. Costs are usually spread over a standard basis. However, costs may be determined on an indemnification basis in certain circumstances. If a case is decided on the basis of compensation, the party paying the payment pays more to the winning party. In Igloo Regeneration (GP) Ltd & Ors v Powell Williams Partnership  EWHC 1859 (TCC), Obiter J.
stated: “Clearly, the fact that one party loses the case and potentially loses it on the basis of a firm judgment does not mean that the losing party should bear the costs on a compensatory basis. There must be behaviour that takes the matter out of the normal operation of the plant. (June 2013) The NHS is facing an existential crisis. Negotiations over the pay and working conditions of junior doctors and widespread discontent among GPs, combined with an additional £2.45 billion spent by NHS Trusts, are having an impact on patient care. The NHS is treating more patients than ever before, including a growing number of elderly people, whose care is in many cases trapped in a Mexican impasse between the NHS and social services. Home / Knowledge Base / Our Most Notable Medical Negligence Cases 2019 Medical Negligence Cases and Legal Advice for Claiming Medical Negligence in the UK. Also check out these guides to medical negligence claims in Scotland for more information on the Scottish legal situation. 15-year litigation secures £4m settlement for teenager with brain damage We were approached by the family of a man who tragically committed suicide shortly after being released from hospital after being taken there out of concern for his mental wellbeing. We were concerned that he would have to be hospitalized for assessment, but the review was scheduled for a brief half-day hearing by the coroner, which we felt was woefully inadequate to resolve the issues involved. As a result of our submissions, the hearing became a full section 2 jury hearing over four days. Important testimonies were gathered from those involved in the treatment of the man (including conflicting evidence from the police and medical staff of the defendant trust), which was absolutely crucial to the resolution of the subsequent civil procedure. We look at cases like this not only for the bereaved, but also for the general public when it comes to patient safety issues.
Cases of clinical neglect include a variety of medical problems, such as delays in medical diagnosis and misdiagnosis, birth injuries, substandard surgeries, incorrect births, mental health negligence, incorrect claims for medical equipment, and dental negligence, to name a few. Akinola v Oyadare & Anor  EWHC 2038 (Ch) (July 2020) – An offer from Drop Hands Part 36 was defective. While not a case of clinical negligence, the decision has implications for how cases are compromised. Approximation of the Bolitho principle. The approach taken by a trial judge in a procedure on the question of liability under the principle of law in Bolitho v City and Hackney Health Authority (1997) 3 WLR 1151 was correct, but he should not have adopted it before the experts had a reasonable opportunity to explain themselves. As the leading legal directory, Chambers UK reported in 2019: “Jeanette Whyman is an established figure in the field of clinical neglect” Audrey Burnett v. Dr. Lynch  EWCA Civ 347 – [see full legislative report] GP appealed to the Court of Appeal (CA) against a judgment of a district judge (HHJ Gosnell) for incorrect reasoning and poor decision. The judge found that the family doctor did not negligently diagnose a breast lump (which turned out to be cancer). Instead, the family doctor thought it was a blocked milk duct. Judged by CA: The judge had properly assessed the cases of both parties and made an appropriate decision on the issues. A judge did not have to deal with all the points raised by defence counsel.
The case revolved solely around oral testimony. Although the doctor`s memory was true, this did not mean that it was correct, and the applicant`s recollection of events was preferable. [DDS comment: As always, a good grade from a clinical examination and the doctor`s reasoning can help a prosecuted physician show that he is right in his memory.] (March 2012) Although ABC failed at trial, the court stated on appeal that “in special circumstances, abuse of trust may be justified if the prevention of harm through disclosure far outweighs the patient`s right to confidentiality” and that at that time, the patient`s information should have been disclosed in order to avoid harm to ABC and her family. In Darnley v Croydon Health Services NHS Trust , the plaintiff, Mr Darnley, had suffered a head injury and had participated in A&E with a friend. One of the receptionists in the emergency department told him that he would have to wait up to four or five hours before being seen. Representing survivors in four-day investigation A criminal investigation against a member of Medical Protection was closed in a recent case, which also underscored the value of our discretionary exemption. Cases are rarely brought before the courts, as both sides strive to reach an agreement to avoid the costs of conducting court proceedings. Claims of low value (less than £50,000) are usually heard by the County Court, while claims of higher value are heard by the High Court. “I am of the opinion that the defendant did not breach his duty of care to Mr. Sims and that the action is therefore dismissed.