Jabang v Wadman & Ors [2017] EWHC 1894 (QB) (24 July 2017)

Jabang v Wadman & Ors [2017] EWHC 1894 (QB) (24 July 2017)

The court found that Dr Wadman breached his duty of care by failing to refer the claimant for a thoracic spine x-ray or MRI on 5 October 2011, given the presentation of thoracic back pain radiating around the chest. This omission was not supported by a responsible body of medical opinion and constituted negligence. However, the court found that the other defendants did not breach their duty of care, as their actions were within the range of reasonable responses by competent practitioners at the time. The court further found that, had Dr Wadman referred for appropriate imaging, spinal TB would have been diagnosed earlier and timely treatment would have prevented the claimant's paraplegia.

Citation
[2017] EWHC 1894
Parties
Claimant: Pa Abubacarr Jabang; 2nd Defendant: Dr Simon Wadman; 3rd Defendant: Dr Andrew Pool; 4th Defendant: East Sussex NHS Trust; 5th Defendant: Dr Yvonne Underhill
Jurisdiction
England and Wales
Judgment Date
24 July 2017
Procedural Posture
Clinical Negligence / Liability Trial (split Trial on Negligence and Causation)
Outcome
Claim partly succeeds against Dr Wadman; dismissed against other defendants.
Legal Topics
Standard of Care, Causation, Duty of Care, Clinical Diagnosis, Omissions Liability
Medical Negligence Tort Law Standard of Care Causation Duty of Care Clinical Diagnosis Omissions Liability

Case Brief

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Parties

Pa Abubacarr Jabang

Claimant

Dr Simon Wadman

2nd Defendant

Dr Andrew Pool

3rd Defendant

East Sussex NHS Trust

4th Defendant

Dr Yvonne Underhill

5th Defendant

Procedural Posture

Clinical Negligence / Liability Trial (split Trial on Negligence and Causation)

Legal Issues

  1. 1 Whether the defendants breached their duty of care to the claimant by failing to investigate or diagnose spinal tuberculosis in a timely manner
  2. 2 Whether any such breach caused the claimant's paraplegia

Ratio Decidendi

The court found that Dr Wadman breached his duty of care by failing to refer the claimant for a thoracic spine x-ray or MRI on 5 October 2011, given the presentation of thoracic back pain radiating around the chest. This omission was not supported by a responsible body of medical opinion and constituted negligence. However, the court found that the other defendants did not breach their duty of care, as their actions were within the range of reasonable responses by competent practitioners at the time. The court further found that, had Dr Wadman referred for appropriate imaging, spinal TB would have been diagnosed earlier and timely treatment would have prevented the claimant's paraplegia.

Court Disposition

Claim partly succeeds against Dr Wadman; dismissed against other defendants.

Orders

  • Judgment for the claimant against Dr Wadman on liability and causation.
  • Claims against Dr Underhill, Dr Pool, and East Sussex NHS Trust dismissed.