Source: All England Reporter
Publisher Citation: [2012] All ER (D) 145 (Jan)
Neutral Citation: [2012] EWCA Civ 20
Court: Court of Appeal, Civil Division
Judge:

Ward, Hughes and Davis LJJ

Representation Dr Michael Powers QC and Jonathan Jones (instructed by Wolferstans) for the claimant.
  Neil Block QC and Judith Ayling (instructed by Hempsons) for the defendant.
Judgment Dates: 26 January 2012

Catchwords

Medical practitioner - Negligence - Duty of care - Causation - Defendant's doctor performing open heart surgery on claimant shortly after her birth - Claimant suffering brain damage - Claimant claiming damages for clinical negligence - Defendant held to be negligent - Court finding established negligence not causing injury - Claimant appealing - Whether court erring.

The Case

Medical practitioner Negligence. The Court of Appeal, Civil Division, dismissed the appeal against the decision dismissing the claimant's clinical negligence action against the defendant in connection with disabilities she alleged had been caused as a consequence of open heart surgery performed on her shortly after her birth.

Practice Areas

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