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 negligence cases were being conducted in the county court that practice as to experts’ disclosure of research in the High Court should be followed there also. Had that been done here there would have been a much more orderly approach to the medical evidence.
Judges:
Dame Elizabeth Butler-Sloss (President of the Family Division) Lord Justice Brooke (Vice-President of the Court of Appeal (Civil Division)) and
Citations:
[2004] Lloyd’s Rep Med 98, Gazette 22-Jan-2004, Times 05-Dec-2003, [2003] EWCA Civ 1719
Links:
Statutes:
Law Reform (Miscellaneous Provisions) Act 1934, Fatal Accidents Act 1976
Jurisdiction:
England and Wales
Citing:
Cited – Hotson v East Berkshire Health Authority HL 2-Jul-1988
The claimant (then 13) fell twelve feet in climbing a tree and sustained an acute traumatic fracture of the left femoral epiphysis. At hospital, his injury was not correctly diagnosed or treated for five days, and he went on to suffer a vascular . .
Cited – Rahman v Arearose Limited and Another, University College London, NHS Trust CA 15-Jun-2000
The claimant had suffered a vicious physical assault from which the claimant’s employers should have protected him, and an incompetently performed surgical operation. Three psychiatrists agreed that the aetiology of the claimant’s very severe . .
Cited by:
Cited – Breeze v Ahmad CA 8-Mar-2005
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 . .
Lists of cited by and citing cases may be incomplete.
Professional Negligence, Litigation Practice
Updated: 08 June 2022; Ref: scu.188279