Broughton v Liverpool Women's NHS Trust [2002] EWCA Civ 1426 (8 October 2002)

Broughton v Liverpool Women's NHS Trust [2002] EWCA Civ 1426 (8 October 2002)

The judge below properly considered all evidence, including expert reports and oral testimony, and found no breach of duty by the Trust. Allegations of negligence prior to July 1996 failed as cervical examination was not part of the procedure. The hospital's response on 25 July was within acceptable medical standards. Causation was not established for the missed November appointment. The claimant was not denied a fair hearing, and the appeal had no reasonable prospect of success.

Citation
[2002] EWCA Civ 1426
Parties
Claimant/applicant: Sandra Ann Broughton; Defendant/respondent: Liverpool Women's NHS Trust
Jurisdiction
England and Wales
Judgment Date
08 October 2002
Procedural Posture
Civil Appeal / Application for Extension of Time and Permission to Appeal
Outcome
Applications refused
Legal Topics
Failure to Diagnose, Causation, Standard of Care, Fair Hearing
Medical Negligence Personal Injury Failure to Diagnose Causation Standard of Care Fair Hearing

Case Brief

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Parties

Sandra Ann Broughton

Claimant/applicant

Liverpool Women's NHS Trust

Defendant/respondent

Procedural Posture

Civil Appeal / Application for Extension of Time and Permission to Appeal

Legal Issues

  1. 1 Whether the respondent Trust was negligent in failing to diagnose cervical cancer
  2. 2 Whether the claimant was denied a fair hearing due to lack of representation
  3. 3 Whether expert evidence was properly considered

Ratio Decidendi

The judge below properly considered all evidence, including expert reports and oral testimony, and found no breach of duty by the Trust. Allegations of negligence prior to July 1996 failed as cervical examination was not part of the procedure. The hospital's response on 25 July was within acceptable medical standards. Causation was not established for the missed November appointment. The claimant was not denied a fair hearing, and the appeal had no reasonable prospect of success.

Court Disposition

Applications refused

Orders

  • Application for extension of time refused
  • Application for permission to appeal refused