header-logo header-logo

18 October 2007 / B Mahendra
Issue: 7293 / Categories: Features
printer mail-detail

Doc brief

NO FAULT TRAGEDY >>
HIDDEN VIOLENCE >>
CONFLICT IN CHILD PROTECTION >>
INTERIM DISCIPLINE >>

NO FAULT TRAGEDY

In Sutcliffe v BMI Healthcare Ltd (2007) EWCA Civ 476, Mr Sutcliffe had been a keen amateur rugby football player, aged 33, who underwent a routine operation on his injured knee. The operation was performed successfully and he appeared to be making an uneventful recovery—although naturally suffering pain which he controlled through standard self-administered doses of morphine. He spent a sleepless night and fell asleep at 6.00am, when the decision was taken to let him sleep undisturbed. At 8.15am he still seemed to be in untroubled sleep. At some point thereafter he appears to have vomited and, whereas the normal reaction would have been to have woken up, coughed and removed any obstruction to the airways, Mr Sutcliffe’s reactions, perhaps dulled by the morphine, had been impaired with the consequence that the vomited matter had entered his lungs, obstructing the flow of oxygen. As a consequence he suffered massive brain damage from which he will not recover.

Breaches in

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

Sharpe Pritchard—Victoria Heald-Barraclough

Sharpe Pritchard—Victoria Heald-Barraclough

Magic Circle hire strengthens Sharpe Pritchard’s infrastructure finance capability

Lewis Silkin—Iskander Fernandez

Lewis Silkin—Iskander Fernandez

Lewis Silkin adds corporate crime specialist to growing dispute resolution team

Morr & Co—Michael Charalambous

Morr & Co—Michael Charalambous

Morr Co strengthens private client team with partner appointment

NEWS
Should every solicitor found to have acted dishonestly face automatic striking off? The answer, argues John Gould, chair of Russell-Cooke LLP in NLJ this week, is no 
Winning an arbitral award against a state is one thing; enforcing it is another
Can government success in court tell us whether the rule of law is healthy? 
Poorly drafted dispute resolution clauses can trigger litigation before the real dispute is even addressed
As cryptocurrency becomes mainstream, family lawyers are increasingly confronting the challenges it creates on divorce
back-to-top-scroll