Synclair v East Lancashire Hospitals NHS Trust [2015] EWCA Civ 1283 (16 December 2015)

Synclair v East Lancashire Hospitals NHS Trust [2015] EWCA Civ 1283 (16 December 2015)

The trial judge was entitled, on the evidence, to find that the contemporaneous clinical note was inaccurate and to prefer the oral evidence of the claimant and his wife regarding his condition at discharge. The discharge on 27 August 2009 amounted to a breach of duty by the defendant trust.

Citation
[2015] EWCA Civ 1283
Parties
Claimant/respondent: Mr Robert Synclair; Defendant/appellant: East Lancashire Hospitals NHS Trust
Jurisdiction
England and Wales
Judgment Date
16 December 2015
Procedural Posture
Clinical Negligence Appeal / Appeal From Manchester County Court Judgment
Outcome
Appeal dismissed
Legal Topics
Clinical Negligence, Standard of Care, Evaluation of Evidence, Contemporaneous Medical Records, Judicial Fact Finding
Tort Medical Negligence Clinical Negligence Standard of Care Evaluation of Evidence Contemporaneous Medical Records Judicial Fact Finding

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Parties

Mr Robert Synclair

Claimant/respondent

East Lancashire Hospitals NHS Trust

Defendant/appellant

Procedural Posture

Clinical Negligence Appeal / Appeal From Manchester County Court Judgment

Legal Issues

  1. 1 Whether the trial judge was entitled to reject the accuracy of contemporaneous clinical notes in favour of oral evidence regarding the claimant's condition at discharge
  2. 2 Whether the discharge of the claimant on 27 August 2009 amounted to a breach of duty by the defendant trust

Ratio Decidendi

The trial judge was entitled, on the evidence, to find that the contemporaneous clinical note was inaccurate and to prefer the oral evidence of the claimant and his wife regarding his condition at discharge. The discharge on 27 August 2009 amounted to a breach of duty by the defendant trust.

Court Disposition

Appeal dismissed

Orders

  • Judgment for the claimant stands
  • Damages of £227,529.15 to be paid by the defendant trust