O'Connor v The Pennine Acute Hospitals NHS Trust [2015] EWCA Civ 1244 (03 December 2015)

O'Connor v The Pennine Acute Hospitals NHS Trust [2015] EWCA Civ 1244 (03 December 2015)

The trial judge was entitled, on the totality of the evidence, to find on the balance of probabilities that the claimant's femoral nerve injury was caused by negligent surgical trauma during dissection, and to refuse late expert evidence; there was no error of law or principle justifying appellate interference.

Citation
[2015] EWCA Civ 1244
Parties
Claimant/respondent: Tracey O'Connor; Defendant/appellant: The Pennine Acute Hospitals NHS Trust
Jurisdiction
England and Wales
Judgment Date
03 December 2015
Procedural Posture
Clinical Negligence Appeal / Appeal From Trial Judgment to Court of Appeal
Outcome
Appeal dismissed
Legal Topics
Clinical Negligence, Surgical Injury, Expert Evidence, Causation, Res Ipsa Loquitur, Case Management
Tort Medical Negligence Clinical Negligence Surgical Injury Expert Evidence Causation Res Ipsa Loquitur Case Management

Case Brief

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Parties

Tracey O'Connor

Claimant/respondent

The Pennine Acute Hospitals NHS Trust

Defendant/appellant

Procedural Posture

Clinical Negligence Appeal / Appeal From Trial Judgment to Court of Appeal

Legal Issues

  1. 1 Whether the trial judge erred in refusing to allow additional expert evidence
  2. 2 Whether the trial judge erred in finding that the surgeon negligently injured the claimant's femoral nerve during dissection

Ratio Decidendi

The trial judge was entitled, on the totality of the evidence, to find on the balance of probabilities that the claimant's femoral nerve injury was caused by negligent surgical trauma during dissection, and to refuse late expert evidence; there was no error of law or principle justifying appellate interference.

Court Disposition

Appeal dismissed

Orders

  • Judgment for the claimant/respondent stands
  • No order as to quantum, as not appealed