The deceased’s widow claimed that the GP defendant had failed to ensure the proper treatment of the deceased, leading to his death. The court had found the defendant negligent, but that the negligence had not caused the death.
Held: The judge had been faced with competing evidence from two experts who had fallen too far into the role of advocates. The defendant’s expert had misinterpreted two research papers with the result that the court was misled. The issue of causation was to be reheard.
Judges:
Sedley, Rix LJJ, Bennett J
Citations:
[2005] EWCA Civ 223
Links:
Jurisdiction:
England and Wales
Citing:
Cited – Ladd v Marshall CA 29-Nov-1954
Conditions for new evidence on appeal
At the trial, the wife of the appellant’s opponent said she had forgotten certain events. After the trial she began divorce proceedings, and informed the appellant that she now remembered. He sought either to appeal admitting fresh evidence, or for . .
Cited – Wardlaw v Dr Farrar CA 27-Nov-2003
The claimant appealed an award of andpound;1,000 damages for the death of his wife for professional negligence. Doctors had differed as to whether the delay complained of had contributed to the death.
Held: It was vital now that medical . .
Lists of cited by and citing cases may be incomplete.
Professional Negligence
Updated: 27 October 2022; Ref: scu.223270