Harding v Scott-Moncrieff [2004] EWHC 1733 (QB) (23 July 2004)

Harding v Scott-Moncrieff [2004] EWHC 1733 (QB) (23 July 2004)

The defendant breached the duty of care by failing to remain with the patient, failing to call an emergency ambulance, and failing to administer standard treatments; these breaches caused the death, as prompt intervention would probably have saved the deceased, who would have continued working with some reduction in commitments.

Citation
[2004] EWHC 1733
Parties
Claimant: Anne Harding (Widow and Administratrix of the Estate of Christopher Harding deceased); Defendant: Nigel Scott-Moncrieff
Jurisdiction
England and Wales
Judgment Date
23 July 2004
Procedural Posture
Clinical Negligence Claim / High Court Trial, Judgment
Outcome
Claim allowed in part; judgment for the claimant on liability and quantum subject to agreed calculations.
Legal Topics
Breach of Duty, Causation, Standard of Care, Damages, Duty to Inform Patient, Funeral Expenses, Dependency Claim
Tort Law Medical Negligence Breach of Duty Causation Standard of Care Damages Duty to Inform Patient Funeral Expenses +1 more

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Parties

Anne Harding (Widow and Administratrix of the Estate of Christopher Harding deceased)

Claimant

Nigel Scott-Moncrieff

Defendant

Procedural Posture

Clinical Negligence Claim / High Court Trial, Judgment

Legal Issues

  1. 1 Whether the defendant general practitioner breached the duty of care owed to the deceased
  2. 2 Whether breaches of duty caused the death of the deceased
  3. 3 Appropriate measure of damages including dependency and funeral expenses

Ratio Decidendi

The defendant breached the duty of care by failing to remain with the patient, failing to call an emergency ambulance, and failing to administer standard treatments; these breaches caused the death, as prompt intervention would probably have saved the deceased, who would have continued working with some reduction in commitments.

Court Disposition

Claim allowed in part; judgment for the claimant on liability and quantum subject to agreed calculations.

Orders

  • Damages awarded for bereavement (£7,500), funeral expenses (£7,000), dependency (to be calculated per findings), and pain and suffering (£1,500)
  • Costs of memorial service and certain professional fees disallowed as funeral expenses