Lillington v Ansell & Anor [2016] EWHC 351 (QB) (26 February 2016)

Lillington v Ansell & Anor [2016] EWHC 351 (QB) (26 February 2016)

Neither Dr Ansell nor Dr Jennison breached their duty of care in failing to admit the Claimant to hospital earlier, as their actions were in accordance with responsible medical practice and the development of acute dilutional hyponatraemia was not foreseeable. Even if there had been a breach, the evidence did not establish, on the balance of probabilities, that the Claimant suffered permanent organic brain injury as a result of the events. The Claimant's ongoing symptoms were more likely attributable to psychological factors and pre-existing conditions. The application to amend the claim to include psychological injury was refused as it was raised too late and would prejudice the Defendants.

Citation
[2016] EWHC 351
Parties
Claimant: Sally Lillington; Defendant: Gregory Ansell; Defendant: Simon Jennison
Jurisdiction
England and Wales
Judgment Date
26 February 2016
Procedural Posture
Clinical Negligence Claim / High Court Trial and Judgment
Outcome
Claim dismissed
Legal Topics
Breach of Duty, Causation, Damages, Mental Capacity, Medical Evidence
Tort Law Medical Negligence Breach of Duty Causation Damages Mental Capacity Medical Evidence

Case Brief

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Parties

Sally Lillington

Claimant

Gregory Ansell

Defendant

Simon Jennison

Defendant

Procedural Posture

Clinical Negligence Claim / High Court Trial and Judgment

Legal Issues

  1. 1 Whether Dr Ansell and/or Dr Jennison breached their duty of care by failing to admit the Claimant to hospital earlier
  2. 2 Whether any breach of duty was the legal cause of the Claimant's injury
  3. 3 Whether the Claimant suffered enduring organic brain injury as a result of hyponatraemia

Ratio Decidendi

Neither Dr Ansell nor Dr Jennison breached their duty of care in failing to admit the Claimant to hospital earlier, as their actions were in accordance with responsible medical practice and the development of acute dilutional hyponatraemia was not foreseeable. Even if there had been a breach, the evidence did not establish, on the balance of probabilities, that the Claimant suffered permanent organic brain injury as a result of the events. The Claimant's ongoing symptoms were more likely attributable to psychological factors and pre-existing conditions. The application to amend the claim to include psychological injury was refused as it was raised too late and would prejudice the Defendants.

Court Disposition

Claim dismissed

Orders

  • Claim dismissed with judgment for the Defendants
  • No order for damages or further relief