Naraji v Shelbourne MD & Ors [2011] EWHC 3298 (QB) (15 December 2011)

Naraji v Shelbourne MD & Ors [2011] EWHC 3298 (QB) (15 December 2011)

A femoral tunnel placed at 12 o'clock without PCL impingement is within the range of normal clinical practice and accepted by a responsible body of medical opinion. Tunnel placement at 15mm from posterior femoral wall would be negligent, but evidence shows Dr Shelbourne's tunnel was within acceptable range. No breach of duty established. Alleged instability attributable to degenerative changes, not negligent surgery. Claimant failed to prove negligence or causation.

Citation
[2011] EWHC 3298
Parties
Claimant: Shahrooz Naraghi (Sharu Naraji); First Defendant: Dr. Shelbourne; Second Defendant: Shelbourne Clinic at Methodist Hospital (Second Defendant); Fourth Defendant: Kneedoc / Manchester Sports Medicine (Mr Jari, Fourth Defendant)
Jurisdiction
England and Wales
Judgment Date
15 December 2011
Procedural Posture
Clinical Negligence / Medical Malpractice / Trial of Preliminary Issues (liability, Causation, Proper Law)
Outcome
Claim dismissed
Legal Topics
Clinical Negligence, Standard of Care, Causation, Applicable Law, Medical Malpractice, Res Judicata, Limitation, Damages Cap
Tort Contract Medical Law Private International Law Clinical Negligence Standard of Care Causation Applicable Law +4 more

Case Brief

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Parties

Shahrooz Naraghi (Sharu Naraji)

Claimant

Dr. Shelbourne

First Defendant

Shelbourne Clinic at Methodist Hospital (Second Defendant)

Second Defendant

Kneedoc / Manchester Sports Medicine (Mr Jari, Fourth Defendant)

Fourth Defendant

Procedural Posture

Clinical Negligence / Medical Malpractice / Trial of Preliminary Issues (liability, Causation, Proper Law)

Legal Issues

  1. 1 Was the ACL reconstruction surgery performed negligently by Dr Shelbourne?
  2. 2 Was there negligent medical aftercare by Dr Shelbourne and Mr Jari?
  3. 3 Is the claim barred by res judicata or limitation under Indiana law?

Ratio Decidendi

A femoral tunnel placed at 12 o'clock without PCL impingement is within the range of normal clinical practice and accepted by a responsible body of medical opinion. Tunnel placement at 15mm from posterior femoral wall would be negligent, but evidence shows Dr Shelbourne's tunnel was within acceptable range. No breach of duty established. Alleged instability attributable to degenerative changes, not negligent surgery. Claimant failed to prove negligence or causation.

Court Disposition

Claim dismissed

Orders

  • No liability found against Dr Shelbourne or Mr Jari
  • No damages awarded