header-logo header-logo

Consecutive causes

11 June 2009 / Kenneth Warner
Issue: 7373 / Categories: Features , Personal injury
printer mail-detail

Kenneth Warner weighs up evidence for causal links in cases of injury

In Bailey v Ministry of Defence [2009] 1 WLR 1052, [2008] All ER (D) 382 (Jul) the plaintiff had been admitted on 9 January 2001 to the Royal Haslar hospital, for which the defendants were responsible, for medical procedure to deal with a suspected gallstone in her bile duct. Following the procedure her condition began to deteriorate rapidly and dramatically, and despite a number of further interventions, her condition became critical.

On 14 January she was moved to Queen Alexandra hospital where urgent surgery was performed and other treatment administered. Her condition then improved through the next two weeks to a point where she was safe, but severely weakened, and it was established that she had developed pancreatitis.

Late in the night of 26 January, while unattended, the plaintiff vomited. Due to her condition of extreme weakness she was unable to expel the vomit as a person normally would, and the aspirated vomit caused her cardiac arrest. She was resuscitated but left with

If you are not a subscriber, subscribe now to read this content
If you are already a subscriber sign in
...or Register for two weeks' free access to subscriber content

MOVERS & SHAKERS

Quinn Emanuel Urquhart & Sullivan—Andrew Savage

Quinn Emanuel Urquhart & Sullivan—Andrew Savage

Firm expands London disputes practice with senior partner hire

Druces—Lisa Cardy

Druces—Lisa Cardy

Senior associate promotion strengthens real estate offering

Charles Russell Speechlys—Robert Lundie Smith

Charles Russell Speechlys—Robert Lundie Smith

Leading patent litigator joins intellectual property team

NEWS
The government’s plan to introduce a Single Professional Services Supervisor could erode vital legal-sector expertise, warns Mark Evans, president of the Law Society of England and Wales, in NLJ this week
Writing in NLJ this week, Jonathan Fisher KC of Red Lion Chambers argues that the ‘failure to prevent’ model of corporate criminal responsibility—covering bribery, tax evasion, and fraud—should be embraced, not resisted
Professor Graham Zellick KC argues in NLJ this week that, despite Buckingham Palace’s statement stripping Andrew Mountbatten Windsor of his styles, titles and honours, he remains legally a duke
Writing in NLJ this week, Sophie Ashcroft and Miranda Joseph of Stevens & Bolton dissect the Privy Council’s landmark ruling in Jardine Strategic Ltd v Oasis Investments II Master Fund Ltd (No 2), which abolishes the long-standing 'shareholder rule'
In NLJ this week, Sailesh Mehta and Theo Burges of Red Lion Chambers examine the government’s first-ever 'Afghan leak' super-injunction—used to block reporting of data exposing Afghans who aided UK forces and over 100 British officials. Unlike celebrity privacy cases, this injunction centred on national security. Its use, the authors argue, signals the rise of a vast new body of national security law spanning civil, criminal, and media domains
back-to-top-scroll