Raggett, The Executors of the Estate of v Kings College Hospital NHS Foundation Trust & Ors [2016] EWHC 1604 (QB) (01 July 2016)

Raggett, The Executors of the Estate of v Kings College Hospital NHS Foundation Trust & Ors [2016] EWHC 1604 (QB) (01 July 2016)

The Second, Third, and Sixth Defendants were negligent in failing to consider and exclude vascular causes for Mr Raggett's pain, failing to conduct basic diagnostic steps, and not referring for vascular opinion. This was a breach of duty. However, on the evidence, the court found that by the time of the Defendants'...

Source-derived case information.

Citation
[2016] EWHC 1604
Parties
Claimant: The Executors of the Estate of John Raggett (deceased); First Defendant: Kings College Hospital NHS Foundation Trust; Second Defendant: Alfred Franklin; Third Defendant: Syed Asad Hussain; Fourth Defendant: Shirzad Houshian; Fifth Defendant: BMI Healthcare; Sixth Defendant: Magdi Henein Hanna
Jurisdiction
England and Wales
Judgment Date
01 July 2016
Procedural Posture
Clinical Negligence / Personal Injury / High Court Trial Judgment
Outcome
Claim dismissed as against the Second, Third, Fifth and Sixth Defendants. No damages awarded.
Legal Topics
Clinical Negligence, Standard of Care, Causation, Personal Injury, Medical Expert Evidence
Tort Law Medical Negligence Clinical Negligence Standard of Care Causation Personal Injury Medical Expert Evidence

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Summary, issues, holding and outcome

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Parties

The Executors of the Estate of John Raggett (deceased)

Claimant

Kings College Hospital NHS Foundation Trust

First Defendant

Alfred Franklin

Second Defendant

Syed Asad Hussain

Third Defendant

Shirzad Houshian

Fourth Defendant

BMI Healthcare

Fifth Defendant

Magdi Henein Hanna

Sixth Defendant

Procedural Posture

Clinical Negligence / Personal Injury / High Court Trial Judgment

Legal Issues

  1. 1 Whether the Second, Third, Fifth and Sixth Defendants were negligent in their treatment of John Raggett
  2. 2 Whether any negligence caused or materially contributed to the need for amputation and subsequent loss and damage

Ratio Decidendi

The Second, Third, and Sixth Defendants were negligent in failing to consider and exclude vascular causes for Mr Raggett's pain, failing to conduct basic diagnostic steps, and not referring for vascular opinion. This was a breach of duty. However, on the evidence, the court found that by the time of the Defendants' involvement, the leg was already unsalvageable due to advanced peripheral arterial disease, so earlier diagnosis would not have avoided amputation, though it may have delayed it. The Fifth Defendant (BMI Healthcare) was not found liable for the alleged inadequate nursing notes.

Court Disposition

Claim dismissed as against the Second, Third, Fifth and Sixth Defendants. No damages awarded.

Orders

  • Claim against Second, Third, Fifth and Sixth Defendants dismissed.
  • No order as to damages.