Naraji v Shelbourne MD & Ors

Naraji v Shelbourne MD & Ors

Dr Shelbourne negligently placed the femoral tunnel too anteriorly, outside the range accepted by responsible medical opinion, but causation not established as claimant would not have returned to prior footballing ability even with proper surgery; claim in tort barred by res judicata and limitation under Indiana law, but contract claim not barred by res judicata, though also time barred; Mr Jari not negligent as MRI scan did not make tunnel misplacement obvious and clinical findings did not indicate misplacement.

Parties
Claimant: Sharu Naraji; First Defendant: Dr. Donald Shelbourne MD; Second Defendant: Dr K Donald Shelbourne MD LLC; Third Defendant: The Shelbourne Clinic at Methodist Hospital; Fourth Defendant: Sanjiv Jari
Jurisdiction
England and Wales
Judgment Date
15 December 2011
Procedural Posture
Medical Negligence / Judgment After Preliminary Issues Trial
Outcome
Claim dismissed against all defendants.
Legal Topics
Clinical Negligence, Standard of Care, Causation, Limitation, Res Judicata, Foreign Law Application, Damages Cap
Medical Law Tort Law Contract Law Private International Law Clinical Negligence Standard of Care Causation Limitation +3 more

Case Brief

Summary, issues, holding and outcome

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Parties

Sharu Naraji

Claimant

Dr. Donald Shelbourne MD

First Defendant

Dr K Donald Shelbourne MD LLC

Second Defendant

The Shelbourne Clinic at Methodist Hospital

Third Defendant

Sanjiv Jari

Fourth Defendant

Procedural Posture

Medical Negligence / Judgment After Preliminary Issues Trial

Legal Issues

  1. 1 Whether Dr Shelbourne negligently performed ACL reconstruction surgery
  2. 2 Whether Dr Shelbourne provided negligent aftercare
  3. 3 Whether Mr Jari was negligent in failing to advise revision surgery

Ratio Decidendi

Dr Shelbourne negligently placed the femoral tunnel too anteriorly, outside the range accepted by responsible medical opinion, but causation not established as claimant would not have returned to prior footballing ability even with proper surgery; claim in tort barred by res judicata and limitation under Indiana law, but contract claim not barred by res judicata, though also time barred; Mr Jari not negligent as MRI scan did not make tunnel misplacement obvious and clinical findings did not indicate misplacement.

Court Disposition

Claim dismissed against all defendants.

Orders

  • Claim in tort against Dr Shelbourne barred by res judicata and limitation under Indiana law.
  • Claim in contract against Dr Shelbourne not barred by res judicata but time barred under Indiana law.