Mackintosh v Sheffield Teaching Hospitals NHS Foundation Trust [2020] EWHC 683 (QB) (20 March 2020)

Mackintosh v Sheffield Teaching Hospitals NHS Foundation Trust [2020] EWHC 683 (QB) (20 March 2020)

Progress should be made on issued and served claims without further delay; directions for disclosure, witness statements, expert evidence, and schedules of loss are appropriate. Co-ordinated case management may be considered in future if more claims are issued, but current circumstances do not justify delay.

Citation
[2020] EWHC 683 (QB)
Parties
Claimant: Paula Mackintosh; Defendant: Sheffield Teaching Hospitals NHS Foundation Trust
Jurisdiction
England and Wales
Judgment Date
20 March 2020
Procedural Posture
Clinical Negligence Claim / Costs and Case Management Conference (ccmc)
Outcome
Directions given for disclosure, witness statements, exchange of expert evidence, schedules of loss, and a further CCMC; no group litigation order or stay granted.
Legal Topics
Informed Consent, Case Management, Co Ordinated Litigation, Disclosure, Expert Evidence
Clinical Negligence Medical Law Civil Procedure Informed Consent Case Management Co Ordinated Litigation Disclosure Expert Evidence

Case Brief

Summary, issues, holding and outcome

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Parties

Paula Mackintosh

Claimant

Sheffield Teaching Hospitals NHS Foundation Trust

Defendant

Procedural Posture

Clinical Negligence Claim / Costs and Case Management Conference (ccmc)

Legal Issues

  1. 1 Whether the defendant failed to advise the claimant of material risks associated with mesh implantation
  2. 2 Whether the defendant failed to advise on alternative treatment options
  3. 3 Whether co-ordinated case management is appropriate for similar claims

Ratio Decidendi

Progress should be made on issued and served claims without further delay; directions for disclosure, witness statements, expert evidence, and schedules of loss are appropriate. Co-ordinated case management may be considered in future if more claims are issued, but current circumstances do not justify delay.

Court Disposition

Directions given for disclosure, witness statements, exchange of expert evidence, schedules of loss, and a further CCMC; no group litigation order or stay granted.

Orders

  • Disclosure of documents
  • Service of witness statements