Alison Healey (Widow And Executrix of the Estate of Simon Andrew Healey, Deceased) v Mr Daniel McgRath [2024] EWHC 1360 (KB) (07 June 2024)

Alison Healey (Widow And Executrix of the Estate of Simon Andrew Healey, Deceased) v Mr Daniel McgRath [2024] EWHC 1360 (KB) (07 June 2024)

Mr McGrath's failures as consultant surgeon were the principal and most causative factor in Mr Healey's death, far exceeding the failures of Ramsay's nursing staff. The just and equitable apportionment is 75% liability to Mr McGrath and 25% to Ramsay. Mr McGrath must pay 75% of damages and claimant's costs, one third of Ramsay's main claim costs, and all of Ramsay's Part 20 costs.

Citation
[2024] EWHC 1360 (KB)
Parties
Claimant: Alison Healey; First Defendant/part 20 Defendant: Daniel McGrath; Second Defendant/part 20 Claimant: Ramsay Health Care UK Operations Limited
Jurisdiction
England and Wales
Judgment Date
07 June 2024
Procedural Posture
Part 20 Contribution Proceedings (clinical Negligence) / Judgment After Trial (following Settlement of Main Claim)
Outcome
Judgment for Ramsay Health Care UK Operations Limited (Part 20 Claimant) against Mr McGrath (Part 20 Defendant) for contribution; costs orders as specified.
Legal Topics
Apportionment of Liability, Contribution Between Tortfeasors, Costs Orders, Medical Malpractice, Fatal Accidents
Tort Law Clinical Negligence Civil Procedure Apportionment of Liability Contribution Between Tortfeasors Costs Orders Medical Malpractice Fatal Accidents

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Parties

Alison Healey

Claimant

Daniel McGrath

First Defendant/part 20 Defendant

Ramsay Health Care UK Operations Limited

Second Defendant/part 20 Claimant

Procedural Posture

Part 20 Contribution Proceedings (clinical Negligence) / Judgment After Trial (following Settlement of Main Claim)

Legal Issues

  1. 1 What is the just and equitable apportionment of liability between the surgeon and hospital for the death of Mr Healey?
  2. 2 What proportion of costs should be borne by each defendant, including claimant's costs, Ramsay's main claim costs, and Part 20 costs?

Ratio Decidendi

Mr McGrath's failures as consultant surgeon were the principal and most causative factor in Mr Healey's death, far exceeding the failures of Ramsay's nursing staff. The just and equitable apportionment is 75% liability to Mr McGrath and 25% to Ramsay. Mr McGrath must pay 75% of damages and claimant's costs, one third of Ramsay's main claim costs, and all of Ramsay's Part 20 costs.

Court Disposition

Judgment for Ramsay Health Care UK Operations Limited (Part 20 Claimant) against Mr McGrath (Part 20 Defendant) for contribution; costs orders as specified.

Orders

  • Mr McGrath to pay Ramsay 75% of the agreed damages (£1,200,000)
  • Mr McGrath to pay Ramsay 75% of the £417,500 costs paid by Ramsay to the claimant