HJ v Burton Hospitals NHS Foundation Trust [2018] EWHC 1227 (QB) (21 May 2018)

HJ v Burton Hospitals NHS Foundation Trust [2018] EWHC 1227 (QB) (21 May 2018)

The trial judge was entitled to prefer the evidence of the occupational therapy expert over the joint orthopaedic expert in areas of overlapping expertise, provided reasons were given and the evidence was properly evaluated in the context of all the evidence before the court.

Citation
[2018] EWHC 1227
Parties
Claimant/respondent: HJ (A Child proceeding by her Mother and Litigation Friend LJ); Defendant/appellant: Burton Hospitals NHS Foundation Trust
Jurisdiction
England and Wales
Judgment Date
21 May 2018
Procedural Posture
Clinical Negligence Appeal / Appeal From County Court to High Court (queen's Bench Division)
Outcome
Appeal dismissed
Legal Topics
Assessment of Damages, Expert Evidence, Role of Joint Experts, Occupational Therapy Evidence, Quantum of Damages
Clinical Negligence Personal Injury Medical Law Assessment of Damages Expert Evidence Role of Joint Experts Occupational Therapy Evidence Quantum of Damages

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Parties

HJ (A Child proceeding by her Mother and Litigation Friend LJ)

Claimant/respondent

Burton Hospitals NHS Foundation Trust

Defendant/appellant

Procedural Posture

Clinical Negligence Appeal / Appeal From County Court to High Court (queen's Bench Division)

Legal Issues

  1. 1 Whether the trial judge erred in preferring the evidence of the claimant's occupational therapy expert over the jointly instructed orthopaedic expert in assessing quantum of damages
  2. 2 Whether the evidence of a single joint expert must be treated as determinative where it conflicts with other expert evidence

Ratio Decidendi

The trial judge was entitled to prefer the evidence of the occupational therapy expert over the joint orthopaedic expert in areas of overlapping expertise, provided reasons were given and the evidence was properly evaluated in the context of all the evidence before the court.

Court Disposition

Appeal dismissed

Orders

  • Recorder's decision upheld
  • No adjustment to damages award