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 permanent brain damage.
The plaintiff’s case in negligence against the
