§ PUBLISHED JUDGMENT · 2023

Jacqueline Beatty v Lewisham and Greenwich NHS Trust

[2023] EWHC 3163 (KB)·High Court (King's Bench Division)·8 December 2023

Ms Beatty, in hospital with severe cellulitis, developed ischaemic toes; a vascular surgeon diagnosed vasculitis rather than an embolism and did not order a CT angiogram, and she later needed a below-knee amputation. The judge found the surgeon's diagnosis was supported by a responsible body of medical opinion and dismissed the claim.

Outcome

Claim failed

Sum stated in judgment

Not stated

Claim type

Vascular Negligence

Decided

Liability decided at trial

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§ WHAT HAPPENED

The facts, in brief.

Defendant: Lewisham and Greenwich NHS Trust (Queen Elizabeth Hospital, Woolwich) · this trust’s claims data

Injury: Right below-knee amputation following ischaemia of the foot, alleged to be a missed embolism diagnosed as vasculitis

Specialty: Vascular surgery · England

§ WHAT THE COURT SAID

In the judgment’s own words.

“It follows that this claim must be dismissed.”

The money

Claim dismissed; no damages.

§ WHY IT MATTERS

What this case shows.

A diagnosis that turns out to be wrong is not automatically negligent; if a responsible body of specialists would have reached the same view on the information available, the claim fails under the Bolam test.

About vascular negligence claims →

§ MORE VASCULAR NEGLIGENCE JUDGMENTS

Claim failed

Middleton v Frimley Health NHS Foundation Trust

[2022] EWHC 2981 (KB)·2022·Liability decided at trial

Mr Middleton's acutely ischaemic leg was diagnosed at lunchtime but bypass surgery did not happen until after midnight, about 14 hours later. The judge found it was reasonable to obtain CT imaging first and that surgery by mid-afternoon was not mandatory, and that earlier surgery would not have prevented the nerve injury in any event.

Obtaining imaging before emergency vascular surgery can be reasonable practice, and a claim fails unless earlier treatment would probably have avoided the injury.

Claimant succeeded£150,000

JAH v Burne & Ors

[2018] EWHC 3461 (QB)·2018·Liability decided at trial

A woman with learning difficulties lost her arm and leg to blood clots in 2012 after several doctors and a hospital failed to spot a blocked artery. Martin Spencer J found only Dr Jackson negligent and causative, and only for the arm, awarding the agreed £150,000.

Where several clinicians see a deteriorating patient, the court examines each contact separately. Compensation was limited to the injury that the negligent consultation could actually have prevented.

Claim failed

Lane v Worcestershire Acute Hospitals NHS Trust & Anor

[2017] EWHC 1900 (QB)·2017·Liability decided at trial

After a heart attack and angioplasty, Mrs Lane developed a blocked artery in her right arm; it was diagnosed at 02:30 but she was not transferred to the vascular unit until the morning and thrombectomy was done that evening. The judge found the delays and surgery were not negligent and that, in any event, the arm was successfully reperfused so the later amputation was not caused by any delay.

Delay alone is not enough: a claimant must show both that the delay fell below a reasonable standard and that earlier treatment would have changed the outcome. Deferring surgery for an unstable cardiac patient can be a reasonable clinical judgment.

All vascular negligence judgments →

Contains information licensed under the Open Justice - Licence v2.0. Judgments from Find Case Law, The National Archives. Summaries are ours; amounts only where printed in the judgment.

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