Hamed v Mills & Ors [2015] EWHC 298 (QB) (16 February 2015)

Hamed v Mills & Ors [2015] EWHC 298 (QB) (16 February 2015)

Both Dr Mills and the Club (via Dr Cowie) breached their respective duties of care to the claimant. Dr Cowie’s conclusion that there was no cardiac risk was not one any reasonably competent sports physician could have reached, and the Club failed to ensure a clinical review and proper communication of risk. Had the risk been communicated, the claimant would have ceased playing and the injury would have been avoided. The Club bears the major share of liability due to its systemic and individual failings.

Citation
[2015] EWHC 298 (QB)
Parties
Claimant: Radwan Hamed (a Protected Party through his Father and Litigation Friend Raymon Hamed); First Defendant: Dr Peter George Mills; Second Defendant: Tottenham Hotspur Football Club and Athletic Limited; First Third Party: Dr Charlotte Myong Cowie; Second Third Party: Dr Mark John Curtin
Jurisdiction
England and Wales
Judgment Date
16 February 2015
Procedural Posture
Tort/negligence—personal Injury / Liability Trial (including Causation and Apportionment)
Outcome
Liability established against both Dr Mills and the Club; apportionment in favour of the claimant, with the Club bearing the major share of liability.
Legal Topics
Duty of Care, Breach of Duty, Causation, Vicarious Liability, Standard of Care (bolam Test), Employer's Liability, Informed Consent, Medical Record Keeping, Apportionment of Liability
Tort Law Medical Negligence Employment Law Sports Law Duty of Care Breach of Duty Causation Vicarious Liability +5 more

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Parties

Radwan Hamed (a Protected Party through his Father and Litigation Friend Raymon Hamed)

Claimant

Dr Peter George Mills

First Defendant

Tottenham Hotspur Football Club and Athletic Limited

Second Defendant

Dr Charlotte Myong Cowie

First Third Party

Dr Mark John Curtin

Second Third Party

Procedural Posture

Tort/negligence—personal Injury / Liability Trial (including Causation and Apportionment)

Legal Issues

  1. 1 Whether the defendants (Dr Mills and the Club, via Dr Cowie and Dr Curtin) breached their respective duties of care to the claimant resulting in catastrophic injury.
  2. 2 Whether the Club, through its medical staff, was negligent in failing to arrange a clinical review and communicate cardiac risk to the claimant and his family.
  3. 3 How liability should be apportioned between Dr Mills and the Club.

Ratio Decidendi

Both Dr Mills and the Club (via Dr Cowie) breached their respective duties of care to the claimant. Dr Cowie’s conclusion that there was no cardiac risk was not one any reasonably competent sports physician could have reached, and the Club failed to ensure a clinical review and proper communication of risk. Had the risk been communicated, the claimant would have ceased playing and the injury would have been avoided. The Club bears the major share of liability due to its systemic and individual failings.

Court Disposition

Liability established against both Dr Mills and the Club; apportionment in favour of the claimant, with the Club bearing the major share of liability.

Orders

  • Judgment for the claimant on liability.
  • Apportionment of liability: Club to bear the major proportion; Dr Mills to bear the lesser proportion.