LAURA CLARKE v NOA CLINIC USLUGI MEDYCZNE SP. O. O

LAURA CLARKE v NOA CLINIC USLUGI MEDYCZNE SP. O. O

Both the surgeon and clinic contracted with the claimant to provide surgery and care to the standard of a UK GMC-registered surgeon; both breached their contractual and tortious duties by providing care far below acceptable standards, causing severe injury. Polish law applied to tort, English law to contract. The clinic is vicariously liable. The insurer is directly liable up to the indemnity limit. The claimant's evidence and expert reports were unchallenged and proved negligence and causation.

Parties
Claimant: Laura Clarke; First Defendant: Adam Kaleciński; Second Defendant: Noa Clinic Usługi Medyczne Sp. z o.o.; Third Defendant: Powszechny Zakład Ubezpieczeń Spółka Akcyjna
Jurisdiction
England and Wales
Judgment Date
08 March 2022
Procedural Posture
Personal Injury/medical Negligence / Final Judgment After Trial
Outcome
Judgment for claimant
Legal Topics
Jurisdiction, Choice of Law, Vicarious Liability, Standard of Care, Direct Action Against Insurer, Consumer Contracts
Medical Negligence Contract Law Tort Law Private International Law Jurisdiction Choice of Law Vicarious Liability Standard of Care +2 more

Case Brief

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Parties

Laura Clarke

Claimant

Adam Kaleciński

First Defendant

Noa Clinic Usługi Medyczne Sp. z o.o.

Second Defendant

Powszechny Zakład Ubezpieczeń Spółka Akcyjna

Third Defendant

Procedural Posture

Personal Injury/medical Negligence / Final Judgment After Trial

Legal Issues

  1. 1 Existence and parties to contract for surgery and care
  2. 2 Applicable law for contract and tort claims
  3. 3 Standard of care in contract and tort

Ratio Decidendi

Both the surgeon and clinic contracted with the claimant to provide surgery and care to the standard of a UK GMC-registered surgeon; both breached their contractual and tortious duties by providing care far below acceptable standards, causing severe injury. Polish law applied to tort, English law to contract. The clinic is vicariously liable. The insurer is directly liable up to the indemnity limit. The claimant's evidence and expert reports were unchallenged and proved negligence and causation.

Court Disposition

Judgment for claimant

Orders

  • First and second defendants jointly and severally liable in contract and tort
  • Third defendant liable as insurer up to indemnity limit of 220,000 PLN