Sumbulu v Sarker & Ors

Sumbulu v Sarker & Ors

Dr Sarker breached his duty of care by failing to take adequate history, failing to ascertain the baby's prematurity and recent hospitalisation, and failing to refer her to hospital, which would have been the only proper course given the risks.

Parties
Claimant: Ursule Sumbulu (through her father and litigation friend Mr Double Sumbulu); First Defendant: Dr O. A. Sarker; Second Defendant: St George’s Healthcare NHS Trust; Third Defendant: Dr S. De Wilde
Jurisdiction
England and Wales
Judgment Date
02 October 2009
Procedural Posture
Medical Negligence / Judgment on Preliminary Issue
Outcome
Dr Sarker found in breach of duty on the preliminary issue.
Legal Topics
Medical Negligence, Duty of Care, Standard of Care, Hospital Admission, History Taking
Tort Medical Law Medical Negligence Duty of Care Standard of Care Hospital Admission History Taking

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Parties

Ursule Sumbulu (through her father and litigation friend Mr Double Sumbulu)

Claimant

Dr O. A. Sarker

First Defendant

St George’s Healthcare NHS Trust

Second Defendant

Dr S. De Wilde

Third Defendant

Procedural Posture

Medical Negligence / Judgment on Preliminary Issue

Legal Issues

  1. 1 Whether Dr Sarker breached his duty of care by failing to take adequate history and failing to refer the premature infant to hospital

Ratio Decidendi

Dr Sarker breached his duty of care by failing to take adequate history, failing to ascertain the baby's prematurity and recent hospitalisation, and failing to refer her to hospital, which would have been the only proper course given the risks.

Court Disposition

Dr Sarker found in breach of duty on the preliminary issue.

Orders

  • Declaration of breach of duty against Dr Sarker
  • Further proceedings to determine causation and damages