Choudhury v South Central Ambulance Service & Anor

Choudhury v South Central Ambulance Service & Anor

The claimant failed to demonstrate, on the balance of probabilities, that earlier administration of aspirin and good stroke care would have prevented the further deterioration and locked-in syndrome; the evidence did not establish causation between the admitted breaches and the ultimate outcome.

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
Negligence / Judgment on Causation
Outcome
Judgment for the Defendants on causation; claim dismissed as to causation.
Legal Topics
Causation, Duty of Care, Breach of Duty, Medical Treatment Delay
Medical Negligence Tort Law Causation Duty of Care Breach of Duty Medical Treatment Delay

Case Brief

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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

Negligence / Judgment on Causation

Legal Issues

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

Ratio Decidendi

The claimant failed to demonstrate, on the balance of probabilities, that earlier administration of aspirin and good stroke care would have prevented the further deterioration and locked-in syndrome; the evidence did not establish causation between the admitted breaches and the ultimate outcome.

Court Disposition

Judgment for the Defendants on causation; claim dismissed as to causation.