Choudhury v South Central Ambulance Service & Anor [2015] EWHC 1311 (QB) (13 May 2015)

Choudhury v South Central Ambulance Service & Anor [2015] EWHC 1311 (QB) (13 May 2015)

On the balance of probabilities, the court finds that the Claimant has not established that earlier administration of aspirin and stroke care would have prevented the further deterioration and locked-in syndrome; the outcome would likely have been the same due to the natural progression of basilar artery thrombosis.

Citation
[2015] EWHC 1311
Parties
Claimant: Mr Shahinoor Choudhury; Litigation Friend: Mr Saminoor Reza Choudhury; First Defendant: South Central Ambulance Service NHS; Second Defendant: Portsmouth Hospitals NHS Trust
Jurisdiction
England and Wales
Judgment Date
13 May 2015
Procedural Posture
Personal Injury Clinical Negligence / Trial Judgment
Outcome
Claim dismissed on causation; Defendants not liable for further injury beyond admitted breaches.
Legal Topics
Causation, Duty of Care, Breach of Duty, Damages, Clinical Guidelines
Tort Medical Negligence Causation Duty of Care Breach of Duty Damages Clinical Guidelines

Case Brief

Summary, issues, holding and outcome

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Parties

Mr Shahinoor Choudhury

Claimant

Mr Saminoor Reza Choudhury

Litigation Friend

South Central Ambulance Service NHS

First Defendant

Portsmouth Hospitals NHS Trust

Second Defendant

Procedural Posture

Personal Injury Clinical Negligence / Trial Judgment

Legal Issues

  1. 1 Whether admitted breaches of duty by Defendants caused the Claimant's locked-in syndrome and further disability
  2. 2 Whether earlier administration of aspirin and stroke care would have prevented deterioration

Ratio Decidendi

On the balance of probabilities, the court finds that the Claimant has not established that earlier administration of aspirin and stroke care would have prevented the further deterioration and locked-in syndrome; the outcome would likely have been the same due to the natural progression of basilar artery thrombosis.

Court Disposition

Claim dismissed on causation; Defendants not liable for further injury beyond admitted breaches.