Bailey v The Ministry of Defence & Anor [2007] EWHC 2913 (QB) (07 December 2007)

Bailey v The Ministry of Defence & Anor [2007] EWHC 2913 (QB) (07 December 2007)

The First Defendant's negligent failure to provide adequate post-ERCP resuscitation and to intervene on 12 January materially contributed to the Claimant's weakened state, which, together with pancreatitis, caused her to aspirate vomit and suffer cardiac arrest and brain damage. Material contribution is sufficient to establish causation in law.

Citation
[2007] EWHC 2913
Parties
Claimant: Grannia Geraldine Bailey (By her Litigation Friend Maurice Bailey); First Defendant: The Ministry of Defence; Second Defendant: Portsmouth Hospitals NHS Trust
Jurisdiction
England and Wales
Judgment Date
07 December 2007
Procedural Posture
Clinical Negligence / Trial on Breach of Duty and Causation
Outcome
Judgment for the Claimant; damages to be assessed.
Legal Topics
Breach of Duty, Causation, Material Contribution, Clinical Judgment, Standard of Care
Tort Law Medical Negligence Breach of Duty Causation Material Contribution Clinical Judgment Standard of Care

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 2 Authorities cited 8 Party arguments 2
Sign in to unlock

Parties

Grannia Geraldine Bailey (By her Litigation Friend Maurice Bailey)

Claimant

The Ministry of Defence

First Defendant

Portsmouth Hospitals NHS Trust

Second Defendant

Procedural Posture

Clinical Negligence / Trial on Breach of Duty and Causation

Legal Issues

  1. 1 Whether the First Defendant breached the duty of care in the treatment of the Claimant on 11-12 January 2001
  2. 2 Whether the breach of duty caused or materially contributed to the Claimant's cardiac arrest and subsequent brain damage
  3. 3 Whether the Claimant's weakness at the time of the cardiac arrest was materially contributed to by the negligent treatment

Ratio Decidendi

The First Defendant's negligent failure to provide adequate post-ERCP resuscitation and to intervene on 12 January materially contributed to the Claimant's weakened state, which, together with pancreatitis, caused her to aspirate vomit and suffer cardiac arrest and brain damage. Material contribution is sufficient to establish causation in law.

Court Disposition

Judgment for the Claimant; damages to be assessed.

Orders

  • Claim against Second Defendant dismissed with no order as to costs.
  • Judgment for the Claimant against the First Defendant; damages to be assessed.