Alison Healey v Daniel McGarth & Anor

Alison Healey v Daniel McGarth & Anor

Mr McGrath, as the consultant surgeon, was primarily responsible for the failures leading to Mr Healey’s death, with his breaches of duty being more serious and causative than those of Ramsay’s nursing staff. A just and equitable apportionment is 75% to Mr McGrath and 25% to Ramsay. Mr McGrath must pay 75% of the damages and claimant’s costs, one third of Ramsay’s main claim costs, and all of Ramsay’s Part 20 costs.

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
06 July 2024
Procedural Posture
Civil (clinical Negligence, Contribution Proceedings) / Judgment After Trial of Part 20 Contribution Claim
Outcome
Contribution claim allowed; apportionment and costs orders made against Mr McGrath.
Legal Topics
Clinical Negligence, Apportionment of Liability, Contribution Proceedings, Costs Orders
Tort Law Civil Procedure Clinical Negligence Apportionment of Liability Contribution Proceedings Costs Orders

Case Brief

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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

Civil (clinical Negligence, Contribution Proceedings) / Judgment After Trial of Part 20 Contribution Claim

Legal Issues

  1. 1 Apportionment of liability between surgeon and hospital for fatal clinical negligence
  2. 2 Causative contribution of each defendant to the death
  3. 3 Entitlement to contribution in damages and costs

Ratio Decidendi

Mr McGrath, as the consultant surgeon, was primarily responsible for the failures leading to Mr Healey’s death, with his breaches of duty being more serious and causative than those of Ramsay’s nursing staff. A just and equitable apportionment is 75% to Mr McGrath and 25% to Ramsay. Mr McGrath must pay 75% of the damages and claimant’s costs, one third of Ramsay’s main claim costs, and all of Ramsay’s Part 20 costs.

Court Disposition

Contribution claim allowed; apportionment and costs orders made against Mr McGrath.

Orders

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