Dee v Welsh Ambulance Services NHS Trust & Ors [2023] EWHC 2765 (KB) (14 November 2023)

Dee v Welsh Ambulance Services NHS Trust & Ors [2023] EWHC 2765 (KB) (14 November 2023)

The court found that, on the balance of probabilities and for the purpose of the interim payment application, there was sufficient evidence that the claimant suffered deterioration in upper limb function and severe pressure sores due to negligent failures in clinical management by the defendants, particularly in failing to recognise and manage spinal cord injury, monitor vital signs, and prevent pressure sores. The court was not satisfied that the original lower limb injury would have improved with proper care, but was satisfied that deterioration into the upper limbs and the development of pressure sores were avoidable and attributable to breaches of duty. The court concluded that the...

Citation
[2023] EWHC 2765 (KB)
Parties
Claimant: Mr Richard Dee; First Defendant: Welsh Ambulance Services NHS Trust; Second Defendant: Hywel DDA University Health Board; Third Defendant: Swansea Bay University Health Board
Jurisdiction
England and Wales
Judgment Date
14 November 2023
Procedural Posture
Personal Injury Clinical Negligence / Interim Payment Application
Outcome
Interim payment granted
Legal Topics
Interim Payments, Causation, Breach of Duty, Personal Injury, Clinical Negligence
Tort Law Medical Negligence Interim Payments Causation Breach of Duty Personal Injury Clinical Negligence

Case Brief

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Parties

Mr Richard Dee

Claimant

Welsh Ambulance Services NHS Trust

First Defendant

Hywel DDA University Health Board

Second Defendant

Swansea Bay University Health Board

Third Defendant

Procedural Posture

Personal Injury Clinical Negligence / Interim Payment Application

Legal Issues

  1. 1 Whether the claimant is entitled to an interim payment under CPR 25.7
  2. 2 Whether there is compelling evidence of breach of duty and causation by the defendants for deterioration of injury and pressure sores
  3. 3 Whether the claimant would obtain judgment for a substantial amount of money against at least one defendant

Ratio Decidendi

The court found that, on the balance of probabilities and for the purpose of the interim payment application, there was sufficient evidence that the claimant suffered deterioration in upper limb function and severe pressure sores due to negligent failures in clinical management by the defendants, particularly in failing to recognise and manage spinal cord injury, monitor vital signs, and prevent pressure sores. The court was not satisfied that the original lower limb injury would have improved with proper care, but was satisfied that deterioration into the upper limbs and the development of pressure sores were avoidable and attributable to breaches of duty. The court concluded that the...

Court Disposition

Interim payment granted

Orders

  • The claimant is awarded an interim payment (amount not specified in the judgment extract).
  • The order is made against at least one defendant, as the court cannot determine which is solely liable at this stage.