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18 October 2007 / B Mahendra
Issue: 7293 / Categories: Features
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NO FAULT TRAGEDY >>
HIDDEN VIOLENCE >>
CONFLICT IN CHILD PROTECTION >>
INTERIM DISCIPLINE >>

NO FAULT TRAGEDY

In Sutcliffe v BMI Healthcare Ltd (2007) EWCA Civ 476, Mr Sutcliffe had been a keen amateur rugby football player, aged 33, who underwent a routine operation on his injured knee. The operation was performed successfully and he appeared to be making an uneventful recovery—although naturally suffering pain which he controlled through standard self-administered doses of morphine. He spent a sleepless night and fell asleep at 6.00am, when the decision was taken to let him sleep undisturbed. At 8.15am he still seemed to be in untroubled sleep. At some point thereafter he appears to have vomited and, whereas the normal reaction would have been to have woken up, coughed and removed any obstruction to the airways, Mr Sutcliffe’s reactions, perhaps dulled by the morphine, had been impaired with the consequence that the vomited matter had entered his lungs, obstructing the flow of oxygen. As a consequence he suffered massive brain damage from which he will not recover.

Breaches in nursing care

Mr Sutcliffe brought a claim through his

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MOVERS & SHAKERS

Anthony Collins—20 promotions

Anthony Collins—20 promotions

20 promotions mark major people investment at national law firm, Anthony Collins

Sidley—Elaine Whiteford

Sidley—Elaine Whiteford

Sidley adds competition litigator Elaine Whiteford in London

Charles Russell Speechlys—Claudina D’Costa

Charles Russell Speechlys—Claudina D’Costa

Charles Russell Speechlys welcomes Claudina D’Costa as Director of Client Development Marketing

NEWS
The 25th Pro Bono Week begins today until 6 November, with events hosted by law firms, chambers, law schools and charities across the UK
Pro bono is celebrating a silver anniversary, with initiatives putting businesses and students at the heart of access to justice
Choosing the wrong expert can cost a clinical negligence claimant more than their case
Judges risk weakening their own independence by staying silent over government reforms, a leading public lawyer argues
A discount on damages does not automatically mean an equivalent haircut for legal costs in military deafness claims
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