Wardlaw v Farrar [2003] EWCA Civ 1719 (27 November 2003)

Wardlaw v Farrar [2003] EWCA Civ 1719 (27 November 2003)

The judge was entitled to prefer the evidence of Dr Hill, finding that the delay in admission and treatment did not increase the risk of death or materially contribute to Mrs Wardlaw's death. The anti-coagulation therapy was ineffective in this case, and statistical evidence could not override the specific clinical...

Source-derived case information.

Citation
[2003] EWCA Civ 1719
Parties
Claimant/appellant: Peter Wardlaw; Defendant/respondent: Dr Stephen Farrar
Jurisdiction
England and Wales
Judgment Date
27 November 2003
Procedural Posture
Clinical Negligence Appeal / Appeal From Manchester County Court Judgment
Outcome
Appeal dismissed
Legal Topics
Clinical Negligence, Causation, Damages, Expert Evidence, Fatal Accidents Act 1976, Law Reform (miscellaneous Provisions) Act 1934
Tort Law Medical Negligence Personal Injury Clinical Negligence Causation Damages Expert Evidence Fatal Accidents Act 1976 +1 more

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Parties

Peter Wardlaw

Claimant/appellant

Dr Stephen Farrar

Defendant/respondent

Procedural Posture

Clinical Negligence Appeal / Appeal From Manchester County Court Judgment

Legal Issues

  1. 1 Whether Dr Farrar's negligence caused or materially contributed to Mrs Wardlaw's death
  2. 2 Whether the delay in hospital admission increased the risk of death
  3. 3 Appropriate assessment of damages for pain and suffering

Ratio Decidendi

The judge was entitled to prefer the evidence of Dr Hill, finding that the delay in admission and treatment did not increase the risk of death or materially contribute to Mrs Wardlaw's death. The anti-coagulation therapy was ineffective in this case, and statistical evidence could not override the specific clinical findings. The award of damages was limited to pain and suffering during the week of delayed admission, not for causing death.

Court Disposition

Appeal dismissed

Orders

  • Order as per agreed draft; damages award of £1,000 for pain and suffering during delay stands.