Surena Masih & Anor. v The Royal Wolverhampton NHS Trust

Surena Masih & Anor. v The Royal Wolverhampton NHS Trust

The appeal was dismissed because the trial judge was entitled to prefer the defendant's expert evidence on causation, finding that Andrew would not have survived even if treated in ICU. The judge's findings were not plainly wrong or irrational, and the claimants failed to discharge the burden of proof on causation. The appellate court found no error in the judge's application of legal principles or assessment of the evidence.

Parties
Appellant/claimant: Surena Masih; Appellant/claimant: Miriam Ghafoor; Respondent/defendant: The Royal Wolverhampton NHS Trust
Jurisdiction
England and Wales
Judgment Date
11 September 2024
Procedural Posture
Civil Appeal (clinical Negligence) / Judgment on Appeal From County Court
Outcome
appeal dismissed
Legal Topics
Causation, Standard of Care, Expert Evidence, Appeals Procedure, Assessment of Damages
Clinical Negligence Medical Law Tort Causation Standard of Care Expert Evidence Appeals Procedure Assessment of Damages

Case Brief

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Parties

Surena Masih

Appellant/claimant

Miriam Ghafoor

Appellant/claimant

The Royal Wolverhampton NHS Trust

Respondent/defendant

Procedural Posture

Civil Appeal (clinical Negligence) / Judgment on Appeal From County Court

Legal Issues

  1. 1 Whether the trial judge erred in rejecting the claimants' case on causation after breach was admitted
  2. 2 Whether continuous ECG monitoring in ICU would have prevented the cardiac arrest and death
  3. 3 Whether the judge was plainly wrong in preferring the defendant's expert evidence over the claimants'

Ratio Decidendi

The appeal was dismissed because the trial judge was entitled to prefer the defendant's expert evidence on causation, finding that Andrew would not have survived even if treated in ICU. The judge's findings were not plainly wrong or irrational, and the claimants failed to discharge the burden of proof on causation. The appellate court found no error in the judge's application of legal principles or assessment of the evidence.

Court Disposition

appeal dismissed

Orders

  • Appeal dismissed on all grounds for which permission was granted.
  • Submissions on costs and consequentials invited within 7 days.