Author: Imogen Hildred

Posts by Imogen Hildred

Primary victim claims for mothers in childbirth are alive and kicking

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This is the clear takeaway from Whipple J’s powerfully reasoned judgment in YAH v Medway Foundation Trust, judgment 5th November 2018. The facts are typical of many cerebral palsy cases. The Claimant’s daughter was born after a negligent delay in intervention in the face of signs of fetal distress. The Claimant suffered psychiatric injury. In […]

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Non-medical staff owe a duty of care to hospital patients

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On 10 October 2018, the important Supreme Court judgment in Darnley (Appellant) v Croydon Health Services NHS Trust (Respondent) [2018] UKSC 50 laid to rest any suggestion that non-medical hospital staff do not owe a duty of care to patients. On the facts, the Appellant was wrongly advised by an A&E receptionist that he would have to […]

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Illegality and insanity: Defending (or appealing) claims for damages arising out of criminal acts

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The issue of illegality as a defence in clinical negligence actions is controversial. It typically arises in a rare category of cases in which alleged failures of medical care results in a patient (the Claimant) suffering a psychotic episode. As a result of the psychotic episode, the Claimant then commits a criminal act. This leads […]

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Wrongful birth: claiming the costs of unrelated disabilities

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Neil Davy recently appeared in a ‘wrongful birth’ case in which the High Court awarded damages to a Claimant for the costs associated with a disability which was unrelated to the Defendant’s admitted negligence. In this respect, MNX v Khan [2017] EWHC 2990 (QB) was said to be the first case of its kind, although […]

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