Reported cases : Clinical Negligence

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Our firm specialises, and has a nationwide profile, in representing patients who have suffered physically or mentally, or both, because of sub-standard hospital or GP treatment.

We also specialise in high value claims involving serious and fatal injuries, including group actions.

Medical negligence is a complex area of law, and our specialist team are here to provide you with quality advice.

Reported Clinical Negligence Cases

Penney and others v East Kent Health Authority

[2000] Lloyd's Rep Med 41; [2000] 55 BMLR 63; [2000] PNLR 323; CA(standard of care applicable to screening of cervical smear slides)

Howard and another v Secretary of State for Health

[2003] QB 830; [2002] 3 WLR 738; Times, March 28, 2002; HC(lawfulness of Secretary of State for Health's decision to refuse to hold inquiries in public into serious medical malpractice)

R (on the applicatin of Philips) v General Medical Council

LTL2/7/2004 extempore; HC(GMC's entitlement to hear as matters of professional misconduct allegations that had been tried in the criminal courts and resulted in aquittals )

A v B NHS Hospitals Trust [2004]

Lawtel Document No: AM0200683; HC(£1.25 Million settlement in a medical negligence case concerning the mis-diagnosis of Meningococcal Septicaemia )

Bremner v Barnet & Chase Farms Hospitals NHS Trust

[2004] Lawtel case ref AM0200682; HC(Lump sum settlement of £375,000 plus structured settlement payments of £30,000 per year for life in this medical negligence claim)

Cooper v Royal United Hospital Bath NHS Trust

[2004] Lawtel Document Number: AC9500296; HC(The defendant NHS Trust breached its duty of care to the claimant as it had abandoned one method of medical care for her medical condition without adequately advising her as to the risks of implementing an alternative method. )

B v G (2004)

Lawtel document AM0200720; CC(Negligently performed cosmetic surgery case causing physical and psychological injuries settled for £25,000.)

McDonnell -v- Holwerda

[2005] EWHC 1081(QB), Lawtel document no AC0108940, Solicitors Journal (2005) Vol 149 pp 885-886 and The Times 2 June 2005; QBD(With suspected meningococcal infection there was a requirement that a GP assess the aggregate symptoms that existed and the general condition of the claimant & should have referred to hospital. Breach of duty made out. )

T v M (2003)

Lawtel document no AM0200834; CC(Out of Court settlement of £22,500 to claimant who suffered unwanted pregnancy and associated trauma. )

C (Widow & Executrix of the Estate of J, Deceased) v Maidstone & Tunbridge Wells NHS Trust (2005)

Lawtel Document Number: AM0200902 ; CC(negligent failure to manage IV cannulae causing septicaemia and renal failure requiring haemodialysis settled for £20,000)

C (Widow & Executrix of the Estate of J, Deceased) v Dartford and Gravesham NHS Trust (2005)

Lawtel Document Number: AM0200892; CC(negligent failure to diagnose and treat sepsis over an 8 hour period causing severe pain settled for £5,000 )

Jacqueline Godden & ORS v Kent & Medway Strategic HA

[2004] EWHC 1629 (QB); Queen's Bench - High Court(Duty of Care : General Practitioners : Health Authorities : Statutory Duty : Vicarious Liability : Beach of Duty Arising from statute : Vicarious Liability for Employees' Breaches of Common Law Duty of Care : r.3.4 (2) Civil Procedure Rules 1998 : National Health Service Act 1977 : s.29 National Health Service Act 1977)

L v Barking, Havering & Redbridge NHS Trust

LTLPI 15/5/2008 (Unreported elsewhere); (The claimant, a 42-year-old woman, received £25,000, for the failure of a hospital of the defendant trust to diagnose, treat and manage her ectopic pregnancy in February 2005, resulting in her suffering from adhesions, uterine perforation and a reduction in fertility)