Hussain v Bradford Teaching Hospital NHS Foundation Trust & Anor [2011] EWHC 2914 (QB) (10 November 2011)

Hussain v Bradford Teaching Hospital NHS Foundation Trust & Anor [2011] EWHC 2914 (QB) (10 November 2011)

The First Defendant was negligent in failing to conduct neurological and urinary investigations and to order an MRI scan on 28 August 2006, resulting in a 48-hour delay in surgery. However, the Claimant failed to prove on the balance of probabilities that earlier surgery after the onset of CESR would have resulted...

Source-derived case information.

Citation
[2011] EWHC 2914 (QB)
Parties
Claimant: Nasir Hussain; First Defendant: Bradford Teaching Hospital NHS Foundation Trust; Second Defendant: Doctor Keith Jepson
Jurisdiction
England and Wales
Judgment Date
10 November 2011
Procedural Posture
Clinical Negligence Claim / Judgment on Liability and Causation
Outcome
Claim dismissed
Legal Topics
Clinical Negligence, Causation in Medical Negligence, Standard of Care, Cauda Equina Syndrome, Damages for Personal Injury
Tort Law Medical Negligence Clinical Negligence Causation in Medical Negligence Standard of Care Cauda Equina Syndrome Damages for Personal Injury

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Summary, issues, holding and outcome

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Parties

Nasir Hussain

Claimant

Bradford Teaching Hospital NHS Foundation Trust

First Defendant

Doctor Keith Jepson

Second Defendant

Procedural Posture

Clinical Negligence Claim / Judgment on Liability and Causation

Legal Issues

  1. 1 Whether the First Defendant was negligent in the treatment of the Claimant between 27-30 August 2006
  2. 2 Whether the Second Defendant was negligent in June 2006 in failing to diagnose or recommend MRI
  3. 3 Whether any negligence caused or materially contributed to the Claimant's injuries

Ratio Decidendi

The First Defendant was negligent in failing to conduct neurological and urinary investigations and to order an MRI scan on 28 August 2006, resulting in a 48-hour delay in surgery. However, the Claimant failed to prove on the balance of probabilities that earlier surgery after the onset of CESR would have resulted in a materially better outcome. The claim against the Second Defendant failed as there was no breach of duty or causation established. The claim as pleaded fails on causation grounds.

Court Disposition

Claim dismissed