Brown v Hamid, Re Estate of Ronald Brown Deceased

Brown v Hamid, Re Estate of Ronald Brown Deceased

The court found that the defendant's admitted negligence accelerated the onset of severe symptoms of pulmonary hypertension by approximately 12 months, causing Mr Brown to suffer more severe pain and loss of amenity during that period, for which general damages are recoverable. Damages for loss of expectation of life are not recoverable, but damages for pain, suffering, and loss of amenity, bereavement, loss of earnings, and loss of DIY services are awarded. Other heads of loss, including funeral expenses and special consortium, are not recoverable in the circumstances.

Parties
Claimant: Christine Brown; Defendant: Dr. Shahid Hamid
Jurisdiction
England and Wales
Judgment Date
19 December 2013
Procedural Posture
Civil Clinical Negligence / Judgment After Trial on Assessment of Damages Following Admission of Liability
Outcome
Judgment for the claimant on assessment of damages
Legal Topics
Clinical Negligence, Causation, Damages Assessment, Loss of Expectation of Life, Bereavement Damages
Tort Law Medical Negligence Clinical Negligence Causation Damages Assessment Loss of Expectation of Life Bereavement Damages

Case Brief

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Parties

Christine Brown

Claimant

Dr. Shahid Hamid

Defendant

Procedural Posture

Civil Clinical Negligence / Judgment After Trial on Assessment of Damages Following Admission of Liability

Legal Issues

  1. 1 Whether the defendant's admitted clinical negligence caused actionable loss beyond loss of expectation of life
  2. 2 Assessment of damages for pain, suffering, loss of amenity, bereavement, loss of earnings, and DIY services

Ratio Decidendi

The court found that the defendant's admitted negligence accelerated the onset of severe symptoms of pulmonary hypertension by approximately 12 months, causing Mr Brown to suffer more severe pain and loss of amenity during that period, for which general damages are recoverable. Damages for loss of expectation of life are not recoverable, but damages for pain, suffering, and loss of amenity, bereavement, loss of earnings, and loss of DIY services are awarded. Other heads of loss, including funeral expenses and special consortium, are not recoverable in the circumstances.

Court Disposition

Judgment for the claimant on assessment of damages

Orders

  • General damages for pain, suffering, and loss of amenity awarded at £8,500.00
  • Bereavement damages awarded at £11,800.00