A remarkable achievement getting a complex Medical Negligence matter tried in person during lockdown
Steve Cornforth
Legal Consultant, Housing Law Expert, Entrepreneur and Access to Justice Campaigner at Steve Cornforth Consultancy
It would be easy to think that our justice system has ground to a halt during the Covil-19 lockdown. It is certainly the case that many matters have been delayed. It is all the more impressive therefore that a recent, and very difficult, medical negligence case was tried in open court and resulted in judgment within 10 days.
SC v UH Southampton NHS FT [2020] EWHC 1610 (QB) was due to start on 8th June 2020 and to be heard remotely. On 3rd June, the Defendants applied to have the trial adjourned on the basis that it would not be possible to have a fair trial. The application was dismissed. However, Johnson J. decided that the hearing should go ahead in person. Within days the court staff and the parties’ representatives managed to get the action ready for the trial. Hard copy bundles were delivered. Experts and party’s gave oral evidence.
The judgment on the failed application to adjourn can be found here –
https://www.bailii.org/ew/cases/EWHC/QB/2020/1445.html
The trial lasted four days and judgment on liability was given within 10 days.
This was a remarkable achievement in the circumstances, and everyone involved deserves a medal!
The case itself as far from easy. It concerned a failure to diagnose meningitis back in 2006, when the Claimant was 15 months old. Her GP had suspected meningitis and sent her to hospital with a detailed referral letter and his own view that it could be meningitis. As it was the hospital diagnosed tonsillitis and sent her home. In fact, she did have pneumococcal meningitis. She went on to suffer cerebral palsy and a permanent brain injury.
What made the case difficult was that she did in fact have tonsillitis. That did explain the symptoms. The defence argued that this was a reasonable diagnosis and so there was no breach of duty. The claimant succeeded. The examining doctor, whilst carried out a careful examination, had overlooked that the Claimant that had been given intramuscular antibiotics by the GP, in accordance with guidance, which hid the true picture as described by the GP. If she had been given intra venous antibiotics she would not have developed hemiplegic cerebral palsy.
The full judgment is here –
https://www.bailii.org/ew/cases/EWHC/QB/2020/1610.pdf