Misa Zgonec-Rozej & Ors v Dr Stephen Pereira & Ors

Misa Zgonec-Rozej & Ors v Dr Stephen Pereira & Ors

Although Dr Pereira breached his duty of care by failing to communicate his absence, failing to provide a sufficient handover to Dr Bakshi, and failing to arrange individual psychotherapy expeditiously, these breaches did not cause or contribute to Mr Jones’ death. The claimants failed to prove causation on the balance of probabilities. The claim was therefore dismissed.

Parties
First Claimant (on Her Own Behalf and as Executor of the Estate of Mr John Richard William Day Jones Deceased): Ms Misa Zgonec-Rozej; Second Claimant (a Child Represented by His Mother and Litigation Friend Ms Misa Zgonec Rozej): Patrick Zgonec Jones; Third Claimant (a Child Represented by His Mother and Litigation Friend Ms Misa Zgonec Rozej): Zachary Zgonec Jones; First Defendant: Dr Stephen Pereira; Second Defendant (settled Before Trial): Dr Neelam Bakshi; Third Defendant (settled Before Trial): Florence Nightingale Hospitals Limited (trading as The Nightingale Hospital)
Jurisdiction
England and Wales
Judgment Date
11 October 2024
Procedural Posture
Civil (medical Negligence/fatal Accidents) / High Court Judgment After Trial
Outcome
Claim dismissed
Legal Topics
Standard of Care, Causation, Contributory Negligence, Quantum of Damages
Medical Negligence Tort Law Fatal Accidents Standard of Care Causation Contributory Negligence Quantum of Damages

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Parties

Ms Misa Zgonec-Rozej

First Claimant (on Her Own Behalf and as Executor of the Estate of Mr John Richard William Day Jones Deceased)

Patrick Zgonec Jones

Second Claimant (a Child Represented by His Mother and Litigation Friend Ms Misa Zgonec Rozej)

Zachary Zgonec Jones

Third Claimant (a Child Represented by His Mother and Litigation Friend Ms Misa Zgonec Rozej)

Dr Stephen Pereira

First Defendant

Dr Neelam Bakshi

Second Defendant (settled Before Trial)

Florence Nightingale Hospitals Limited (trading as The Nightingale Hospital)

Third Defendant (settled Before Trial)

Procedural Posture

Civil (medical Negligence/fatal Accidents) / High Court Judgment After Trial

Legal Issues

  1. 1 Whether Dr Pereira was negligent in his care of Mr Jones
  2. 2 Whether any negligence caused or materially contributed to Mr Jones' death
  3. 3 Whether Mr Jones was contributorily negligent

Ratio Decidendi

Although Dr Pereira breached his duty of care by failing to communicate his absence, failing to provide a sufficient handover to Dr Bakshi, and failing to arrange individual psychotherapy expeditiously, these breaches did not cause or contribute to Mr Jones’ death. The claimants failed to prove causation on the balance of probabilities. The claim was therefore dismissed.

Court Disposition

Claim dismissed

Orders

  • Claim against Dr Pereira dismissed
  • No damages awarded