header-logo header-logo

Consecutive causes

11 June 2009 / Kenneth Warner
Issue: 7373 / Categories: Features , Personal injury
printer mail-detail

Kenneth Warner weighs up evidence for causal links in cases of injury

In Bailey v Ministry of Defence [2009] 1 WLR 1052, [2008] All ER (D) 382 (Jul) the plaintiff had been admitted on 9 January 2001 to the Royal Haslar hospital, for which the defendants were responsible, for medical procedure to deal with a suspected gallstone in her bile duct. Following the procedure her condition began to deteriorate rapidly and dramatically, and despite a number of further interventions, her condition became critical.

On 14 January she was moved to Queen Alexandra hospital where urgent surgery was performed and other treatment administered. Her condition then improved through the next two weeks to a point where she was safe, but severely weakened, and it was established that she had developed pancreatitis.

Late in the night of 26 January, while unattended, the plaintiff vomited. Due to her condition of extreme weakness she was unable to expel the vomit as a person normally would, and the aspirated vomit caused her cardiac arrest. She was resuscitated but left with

If you are not a subscriber, subscribe now to read this content
If you are already a subscriber sign in
...or Register for two weeks' free access to subscriber content

MOVERS & SHAKERS

Quinn Emanuel—James McSweeney

Quinn Emanuel—James McSweeney

London promotion underscores firm’s investment in white collar and investigations

Ward Hadaway—Louise Miller

Ward Hadaway—Louise Miller

Private client team strengthened by partner appointment

NLJ Career Profile: Kate Gaskell, Flex Legal

NLJ Career Profile: Kate Gaskell, Flex Legal

Kate Gaskell, CEO of Flex Legal, reflects on chasing her childhood dreams underscores the importance of welcoming those from all backgrounds into the profession

NEWS
Overcrowded prisons, mental health hospitals and immigration centres are failing to meet international and domestic human rights standards, the National Preventive Mechanism (NPM) has warned
Two speedier and more streamlined qualification routes have been launched for probate and conveyancing professionals
Workplace stress was a contributing factor in almost one in eight cases before the employment tribunal last year, indicating its endemic grip on the UK workplace
In NLJ this week, Ian Smith, emeritus professor at UEA, explores major developments in employment law from the Supreme Court and appellate courts
Writing in NLJ this week, Kamran Rehman and Harriet Campbell of Penningtons Manches Cooper examine Operafund Eco-Invest SICAV plc v Spain, where the Commercial Court held that ICSID and Energy Charter Treaty awards cannot be assigned
back-to-top-scroll