Jabang v Wadman & Ors

Jabang v Wadman & Ors

Dr Wadman breached his duty of care on 5th October 2011 by failing to refer the claimant for a thoracic spine x-ray after identifying thoracic back pain radiating around the chest, which was a red flag for serious pathology. This omission delayed diagnosis and treatment of spinal tuberculosis, resulting in paraplegia. The other defendants were not in breach of duty as their actions were supported by a responsible body of medical opinion and did not mandate further investigation at the relevant times.

Parties
Claimant: Pa Abubacarr Jabang; 2nd Defendant: Dr Simon Wadman; 3rd Defendant: Dr Andrew Pool; 4th Defendant: East Sussex NHS Trust; 5th Defendant: Dr Yvonne Underhill
Jurisdiction
England and Wales
Judgment Date
24 July 2017
Procedural Posture
Medical Negligence Claim / Judgment After Split Trial on Liability and Causation
Outcome
Claim against Dr Wadman (2nd Defendant) succeeds on liability; claims against Dr Underhill (5th Defendant), Dr Pool (3rd Defendant), and East Sussex NHS Trust (4th Defendant) dismissed.
Legal Topics
Duty of Care, Standard of Care, Causation, Breach of Duty, Clinical Negligence, Medical Diagnosis, Omissions Liability
Tort Medical Negligence Duty of Care Standard of Care Causation Breach of Duty Clinical Negligence Medical Diagnosis +1 more

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Parties

Pa Abubacarr Jabang

Claimant

Dr Simon Wadman

2nd Defendant

Dr Andrew Pool

3rd Defendant

East Sussex NHS Trust

4th Defendant

Dr Yvonne Underhill

5th Defendant

Procedural Posture

Medical Negligence Claim / Judgment After Split Trial on Liability and Causation

Legal Issues

  1. 1 Whether the defendants breached their duty of care to the claimant in failing to diagnose and treat spinal tuberculosis in a timely manner
  2. 2 Whether any breach caused the claimant's paraplegia and related injuries

Ratio Decidendi

Dr Wadman breached his duty of care on 5th October 2011 by failing to refer the claimant for a thoracic spine x-ray after identifying thoracic back pain radiating around the chest, which was a red flag for serious pathology. This omission delayed diagnosis and treatment of spinal tuberculosis, resulting in paraplegia. The other defendants were not in breach of duty as their actions were supported by a responsible body of medical opinion and did not mandate further investigation at the relevant times.

Court Disposition

Claim against Dr Wadman (2nd Defendant) succeeds on liability; claims against Dr Underhill (5th Defendant), Dr Pool (3rd Defendant), and East Sussex NHS Trust (4th Defendant) dismissed.

Orders

  • Assessment of damages against Dr Wadman to be scheduled.
  • Claims against Dr Underhill, Dr Pool, and East Sussex NHS Trust dismissed.