§ 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)
Claimant succeeded£1.2M

Healey v McGrath & Anor

[2024] EWHC 1360 (KB)·2024·Liability decided at trial

Mr Healey died nine days after bowel cancer surgery at a private hospital when a leak at the surgical join was not recognised in time. The hospital settled the widow's claim for £1.2 million and the court ordered the surgeon to bear 75% of it, finding his failure to diagnose the leak the principal cause of death.

Post-operative deterioration after bowel surgery must prompt urgent consideration of a leak. Both the private hospital and the individual surgeon can be liable, with the court apportioning responsibility between them.

Claimant succeeded£340,000

Bayless & Ors v Norfolk and Norwich University Hospitals NHS Foundation Trust

[2023] EWHC 2986 (KB)·2023·Liability decided at trial

The Trust admitted it missed an aortic dissection that emergency surgery would probably have cured, and settled the fatal claim for £340,000. When the widow and children later sued for psychiatric injury from witnessing the death, the Trust tried to strike that out but withdrew after discovering the earlier settlement had never been court-approved.

Fatal claims involving children need court approval of any settlement or it may not bind them. A missed aortic dissection in a chest-pain patient was accepted as negligent and fatal.

Claimant succeeded

Marshall v Schembri

[2019] EWHC 283 (QB)·2019·Liability decided at trial

A woman with a previous pulmonary embolism saw her GP with chest pain and breathlessness and was diagnosed with a strained muscle; she died the next morning. The GP admitted he should have referred her to hospital, and Stewart J found she would on the clear balance of probabilities have survived with anticoagulation and monitoring.

Chest pain and breathlessness in someone with a past clot is a red flag needing same-day hospital referral. Where survival chances on admission would have been very high, the court will find the death was caused by the failure to refer.

Claimant succeeded

Hayes v South East Coast Ambulance Service NHS Foundation Trust

[2015] EWHC 18 (QB)·2015·Liability and damages decided at trial

An ambulance crew attending a man in a life-threatening asthma attack gave salbutamol and oxygen but recorded no observations, did not give the further drugs the guidelines call for, and he collapsed and died as they prepared to move him. The judge found these failures negligent and that with proper treatment he would probably have survived, so the ambulance trust was liable to his family.

Ambulance staff must follow the national guidelines for life-threatening asthma, including objective observations and escalating drug treatment. Causation can be proved where proper treatment would have given a better-than-even chance of survival.

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.