Summary of Recent Cases – Substantive Law


SUMMARY OF RECENT CASES – PROFESSIONAL AND CLINICAL NEGLIGENCE

Hospital Trust Granted Summary Judgment In Clinical Negligence Claim Where Claimant Debarred From Relying On New Expert Evidence
Wright v. Basildon and Thurrock Hospital NHS Trust, QBD, 7/12/11

Judge Stockdale QC (sitting as a deputy High Court judge) granted the Defendant hospital trust summary judgment in respect of all outstanding issues in the underlying clinical negligence claim brought against it. Judgment by consent had been entered in respect of part of the claim, there having been an admission of a breach of duty in a limited sense. Summary judgment was however entered in respect of other discrete serious allegations of breach of duty (including that the surgery had been carried out without consent and was barbaric) on the grounds that they did not have real prospects of success. The original expert in support of the Claimant’s case withdrew and pursuant to the terms of a Court Order, the Claimant stood debarred from relying upon new expert evidence as he had failed to obtain such expert evidence by a certain date.

January 23, 2012 · Editorial Team · Comments Closed
Posted in: Cases