Christine Reaney v (1) University Hospital of North Staffordshire NHS Trust (2) Mid Staffordshire NHS Foundation Trust [2015] EWCA Civ 1119

The claimant was left paralysed due to transverse myelitis. As a result, she required several hours care each week, which would rise to 31.5 hours after the age of 75. However, whilst in hospital, she developed a number of pressure sores with additional complications, which meant that she needed 24 hour care. The defendants admitted negligence in relation to the pressure sores. The judge held that the defendants were liable for all of the claimant’s care needs resulting from the pressure sores and their consequences. The defendants appealed.

HELD: As the defendants’ negligence caused needs of substantially the same kind as her pre-existing needs, the damage caused by the negligence was the additional needs. As such, the judge should have held the defendants liable only for those additional needs. In this case, it was not necessary to modify the normal “but for” test, as there was no doubt about the claimant’s condition before the negligence or about the injuries she suffered as a result of the negligence.

November 15, 2015 В· Editorial Team В· Comments Closed
Posted in: Cases