Synclair v East Lancashire Hospitals NHS Trust

Synclair v East Lancashire Hospitals NHS Trust

The trial judge was entitled to find the contemporaneous clinical note unreliable due to lack of evidence about its making and to prefer the oral evidence of the claimant and his wife. The discharge of the claimant on 27 August 2009 was a breach of duty, as he was not well and his concerns were not properly addressed.

Parties
Claimant/respondent: Mr Robert Synclair; Defendant/appellant: East Lancashire Hospitals NHS Trust
Jurisdiction
England and Wales
Judgment Date
16 December 2015
Procedural Posture
Civil Appeal (clinical Negligence) / Appeal From Trial Judgment
Outcome
Appeal dismissed
Legal Topics
Clinical Records Reliability, Breach of Duty, Assessment of Evidence, Discharge of Patient, Causation in Negligence
Medical Negligence Tort Law Clinical Records Reliability Breach of Duty Assessment of Evidence Discharge of Patient Causation in Negligence

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Parties

Mr Robert Synclair

Claimant/respondent

East Lancashire Hospitals NHS Trust

Defendant/appellant

Procedural Posture

Civil Appeal (clinical Negligence) / Appeal From Trial Judgment

Legal Issues

  1. 1 Whether the trial judge was entitled to reject the accuracy of a contemporaneous clinical note in favour of oral evidence
  2. 2 Whether the discharge of the claimant on 27 August 2009 amounted to a breach of duty by the hospital

Ratio Decidendi

The trial judge was entitled to find the contemporaneous clinical note unreliable due to lack of evidence about its making and to prefer the oral evidence of the claimant and his wife. The discharge of the claimant on 27 August 2009 was a breach of duty, as he was not well and his concerns were not properly addressed.

Court Disposition

Appeal dismissed

Orders

  • Judgment for the claimant stands
  • Damages and costs as ordered by the trial court remain