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. The court also found that this breach caused the claimant's paraplegia, as earlier investigation would have led to timely diagnosis and treatment of spinal TB. The other defendants were not found negligent as their actions were within the standard expected of their respective roles.

Citation
[2017] EWHC 1894 (QB)
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
Claimant succeeds in part; judgment for the claimant against Dr Wadman. Other defendants not liable.
Legal Topics
Standard of Care for Medical Professionals, Causation in Clinical Negligence, Duty of Care, Diagnosis and Investigation Obligations, Omissions in Medical Practice
Medical Negligence Tort Law Standard of Care for Medical Professionals Causation in Clinical Negligence Duty of Care Diagnosis and Investigation Obligations Omissions in Medical Practice

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 each defendant breached the duty of care owed to the claimant by failing to adequately investigate or diagnose spinal tuberculosis
  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. The court also found that this breach caused the claimant's paraplegia, as earlier investigation would have led to timely diagnosis and treatment of spinal TB. The other defendants were not found negligent as their actions were within the standard expected of their respective roles.

Court Disposition

Claimant succeeds in part; judgment for the claimant against Dr Wadman. Other defendants not liable.

Orders

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