§ CASE LIBRARY

Real medical negligence cases,
every one linked to the judgment.

Published judgments of the courts of England and Wales, summarised in plain English: what went wrong, what the court decided, and the sum where the judgment states it. We include the claims that failed as well as the ones that succeeded, because they show what you have to prove.

Judgments

152

With the sum stated

33

Claimant succeeded

87

Claim failed

59

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§ WAYS IN

Sums stated (33)£1M and above (13)Claims that failed (59)Fault admitted (42)Court approvals (10)Periodical payments (30)Delayed diagnosis (95)Brain injury (32)Consent claims (13)Leading cases (6)Infection and sepsis (31)Surgery claims (64)Claims for children (39)Fatal claims (22)
AllSum statedClaimant succeededClaim failed
Every claim typeClinical Negligence (10)Surgical Errors (12)Cerebral Palsy (13)Birth Injuries (1)Misdiagnosis & Delayed Diagnosis (7)Erb's Palsy (1)GP Negligence (16)Maternal Birth Injury (4)Stillbirth & Neonatal Death (2)Neonatal Injury (5)Sepsis Negligence (5)Cauda Equina Syndrome (7)DVT & Blood Clot (2)A&E Negligence (16)Cancer Misdiagnosis & Delayed Diagnosis (6)Orthopaedic Negligence (4)Vascular Negligence (6)Cardiac Negligence (6)Brain & Spinal Surgery Negligence (13)Urology & Catheter Injury (5)Anaesthetic Negligence (2)Fatal Medical Negligence (9)
Claim failed

O'Brien v Guy's & St Thomas' NHS Trust

[2022] EWHC 2735 (KB)·2022·Liability decided at trial

A man with end-stage kidney failure was given a single 400mg gentamicin dose for a chest infection and suffered permanent balance and hearing damage. His sister's claim failed because the judge accepted that a high dose was a reasonable choice for a worsening infection with sepsis risk, despite his renal impairment.

A drug dose that causes known side-effects is not automatically negligent if it was a reasonable clinical judgement in the circumstances. Departing from a hospital guideline is not itself proof of negligence.

Claim failed

Barrett v Sandwell and West Birmingham Hospitals NHS Trust

[2015] EWHC 2627 (QB)·2015·Liability decided at trial

A diabetic electrician's eye pressure rose to 40-56 mmHg in the days after retinal surgery and was managed with drugs rather than urgent further surgery. The judge held that continuing medical treatment was a logical clinical judgment supported by a responsible body of eye surgeons and dismissed the claim, including the late-raised consent argument.

Choosing medical management over urgent surgery is not negligent if a responsible body of specialists would have done the same. A Montgomery-style consent argument will fail if the patient would have followed the specialists' recommendation anyway.

Claim failed

Doubell v Kings College Hospital NHS Trust

[2020] EWHC 359 (QB)·2020·Appeal decision

A 65-year-old inpatient who became confused at night fell out of bed and hurt her knees, and she argued that bed rails should have been fitted. The trial judge found that rails had not been recommended and would have been removed anyway, and the High Court refused to disturb those findings.

Bed rails are not automatically the safe option, because they can create their own risks for a confused and mobile patient. An appeal court will rarely overturn a trial judge's findings about what nursing staff decided or would have decided.

Claim failed

The Pennine Acute Hospitals NHS Trust v De Meza

[2017] EWCA Civ 1711·2017·Appeal decision

A man treated in the early 1980s sued in 2014, saying no one followed up his hormone condition until a new doctor restarted treatment in 2011. The Court of Appeal found he had known enough back in 1983 and that a 28-year delay had destroyed the records needed to defend the case.

Where very long delay means the records that would show what actually happened no longer exist, the court will usually hold the claimant to the deadline. Realising only years later that better treatment existed does not by itself restart the clock.

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.

§ HOW TO READ THESE

Most claims never reach a judgment. They settle privately, and settlement sums are confidential. Judgments surface when liability is disputed, when damages are fought over, or when a court must approve a settlement for a child or someone who lacks capacity. That is why approvals and damages trials are where the public figures come from.

Amounts are only what the judgment prints. Where a case shows a lump sum plus periodical payments, the yearly payments continue for life and can be worth far more than the lump sum. Where no figure is shown, the court decided fault but the money was settled or assessed elsewhere.

Plain-English guides built on these cases →

This guide is general information about the law in England and Wales, not legal advice about your case. ClaimGavel is run by Costart Projects Ltd on behalf of Tomlin & Partners, a specialist medical negligence firm regulated by the SRA. The free assessment on this page is an AI overview to show you roughly where you stand; a solicitor confirms the position in a free, no-obligation conversation.