Summary of Recent Cases – Substantive Law

Professional and Clinical Negligence

Health Authority Not Liable For Personal Injuries Sustained In Open Heart Surgery

Mugweni v. NHS London (Formerly South East London Strategic Health Authority), QBD, 23/2/11

Langstaff J held that the Defendant health authority was not liable in negligence in respect of personal injuries sustained by the Claimant following open heart surgery when she was 5 months old. Whilst it was held that the anaesthetist had acted in breach of duty in failing to detect and act upon signs of a developing pneumothorax, it was on the evidence realistically possible that the injuries suffered by the Claimant were caused by a non-negligent consequence of the open heart surgery.

March 19, 2011 В· Editorial Team В· Comments Closed
Posted in: Cases