HJ v Burton Hospitals NHS Foundation Trust

HJ v Burton Hospitals NHS Foundation Trust

The trial judge was entitled to accept the occupational therapy expert’s evidence over the joint orthopaedic expert’s evidence in areas where both had relevant expertise, and was not bound to treat the joint expert’s evidence as conclusive. The judge’s approach was thorough and justified on the evidence.

Parties
Claimant/respondent: HJ (A Child proceeding by her Mother and Litigation Friend LJ); Defendant/appellant: Burton Hospitals NHS Foundation Trust
Jurisdiction
England and Wales
Judgment Date
21 May 2018
Procedural Posture
Civil Appeal Clinical Negligence / Appeal Judgment
Outcome
Appeal dismissed
Legal Topics
Expert Evidence, Assessment of Damages, Role of Joint Experts, Quantum of Damages
Clinical Negligence Personal Injury Expert Evidence Assessment of Damages Role of Joint Experts Quantum of Damages

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Parties

HJ (A Child proceeding by her Mother and Litigation Friend LJ)

Claimant/respondent

Burton Hospitals NHS Foundation Trust

Defendant/appellant

Procedural Posture

Civil Appeal Clinical Negligence / Appeal Judgment

Legal Issues

  1. 1 Whether the trial judge erred in preferring the occupational therapy expert's evidence over the joint orthopaedic expert's evidence in assessing quantum of damages
  2. 2 Whether the evidence of a single joint expert is binding on the court in the presence of conflicting expert evidence

Ratio Decidendi

The trial judge was entitled to accept the occupational therapy expert’s evidence over the joint orthopaedic expert’s evidence in areas where both had relevant expertise, and was not bound to treat the joint expert’s evidence as conclusive. The judge’s approach was thorough and justified on the evidence.

Court Disposition

Appeal dismissed

Orders

  • The Recorder’s decision is upheld
  • No change to the award of damages