Meiklejohn v St George's Healthcare NHS Trust & Anor

Meiklejohn v St George's Healthcare NHS Trust & Anor

There was insufficient clinical presentation or history to put Prof Marsh on alert for DC; she was justified in not suspecting DC, and her actions met the standard of care for a tertiary AA specialist. Verbal consent was sufficient for research purposes, and even if alternative treatments or risks had been discussed, Prof Marsh would have recommended ALG with Prednisolone, which the Claimant would have accepted. No breach of duty or causation was established.

Parties
Claimant/appellant: Richard Meiklejohn; Defendant/respondent: St George’s Healthcare NHS Trust; Defendant/respondent: Homerton University Hospital NHS Foundation Trust
Jurisdiction
England and Wales
Judgment Date
13 February 2014
Procedural Posture
Appeal / Judgment on Appeal From High Court
Outcome
Appeal dismissed
Legal Topics
Informed Consent, Standard of Care, Diagnosis, Duty to Warn, Alternative Treatments, Expert Evidence
Medical Negligence Clinical Negligence Consent Law Informed Consent Standard of Care Diagnosis Duty to Warn Alternative Treatments +1 more

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Parties

Richard Meiklejohn

Claimant/appellant

St George’s Healthcare NHS Trust

Defendant/respondent

Homerton University Hospital NHS Foundation Trust

Defendant/respondent

Procedural Posture

Appeal / Judgment on Appeal From High Court

Legal Issues

  1. 1 Whether Prof Marsh breached duty by failing to suspect DC and advise alternative treatments
  2. 2 Whether informed consent was obtained for blood sample sent for research
  3. 3 Whether failure to warn of Prednisolone side effects constituted negligence

Ratio Decidendi

There was insufficient clinical presentation or history to put Prof Marsh on alert for DC; she was justified in not suspecting DC, and her actions met the standard of care for a tertiary AA specialist. Verbal consent was sufficient for research purposes, and even if alternative treatments or risks had been discussed, Prof Marsh would have recommended ALG with Prednisolone, which the Claimant would have accepted. No breach of duty or causation was established.

Court Disposition

Appeal dismissed

Orders

  • All grounds of appeal rejected
  • Costs order upheld