Medical Negligence: The care that would have been needed in any event

St John’s Chambers (Chambers of Matthew White) | Personal Injury Law Journal | February 2016 #142
Emma Zeb and Glyn Edwards consider the Court of Appeal decision in Reany v University Hospital of North Staffs NHS Trust [2015] and the impact this has on care and medical treatment claims ‘The question of whether or not the claimant would have paid for the care package received on a ‘but for’ basis is …

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Causation Of Loss: A question of care

7 Bedford Row | Personal Injury Law Journal | December 2015/January 2016 #141
What are the implications of the reversal by the Court of Appeal of the decision in Reaney v University Hospital of North Staffordshire? Julian Matthews considers the ramifications ‘In relation to the issue of causation, the Master of the Rolls emphasised that the important issue was whether the nature of the care required absent the …

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Negligence: Material contribution to damage

7 Bedford Row | Personal Injury Law Journal | December 2014/January 2015 #131
One of the more intellectually challenging concepts in the field of clinical negligence is that of material contribution. Julian Matthews highlights two recent cases which illustrate some of the issues which arise ‘A defendant cannot be held to be liable for loss or damage that it did not cause or to which it made no …

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Case Report: Christine Reaney v University of North Staffordshire NHS Trust (1) and Mid Staffordshire NHS Foundation Trust (2) [2014] EWHC 3016 (QB)

12 King’s Bench Walk (Chambers of Paul Russell QC) | Personal Injury Law Journal | November 2014 #130
Negligent treatment of pre-existing paraplegia; establishing the appropriate counterfactual; whether credit should be given for care required in any event ‘One might say that the paradigmatic negligent act is to make that person worse. A court may well have sympathy with a vulnerable individual whose quality of life is reduced even further by those in …

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