Today, 13 January 2022, the Court of Appeal handed down judgment in the long awaited nervous shock appeals in Paul v Wolverhampton, Polmear v Royal Cornwall and Purchase v Ahmed. The issue was whether a gap in time between the breach of duty and a subsequent shocking event prevents a nervous shock claim. As the Court of Appeal recognised […]
The determination of life expectation in cerebral palsy litigation must always be driven by the expert evidence in the particular case. What is set out below is an approach driven by the evidence received from experts in reported decisions, but – be warned – great care must always be taken to ensure that in each […]
Read More… from Life Expectancy in Cerebral Palsy cases: The mechanism behind the crystal ball
“Indivisible Injury” has more than one meaning so make sure you’re not at cross purposes with the judge The essential facts are that the Claimant had chest pain and needed angiography (an investigation of the blood vessels to the heart). He stopped warfarin (a long term anticoagulant) on 23 April, had the angiogram on 27 […]
Read More… from Understanding Thorley and Material Contribution
Am I the only one who thinks that the legal tests in clinical negligence are sometimes harder to understand than they should be? The case law on my favourite topic – Bolam and other tests for breach of duty – is littered with confusion. And it strikes me that Material Contribution is too. The But […]
Read More… from Material contribution – not as complicated as you think
This is a strange read. The issue on appeal to the Supreme Court was: “If a child born with more than one disability would not have been born but for a doctor’s failure to advise of the risk of their being born with one of those disabilities, can the mother sue the doctor for the […]
Read More… from Khan v Meadows [2021] UKSC 21 And The New Approach To Negligence: Your Starter For 6