Court of Appeal victory in fatal clinical negligence claim
Robert Weir QC and Stephen Cottrell appeared on behalf of the successful respondent, instructed by Anne Kavanagh of Irwin Mitchell.
In Marshall v Schembri [2020] EWCA Civ 358 the Court of Appeal upheld the judgment of Stewart J in which he found that the admitted negligence of a GP had caused Mrs Marshall’s death as a result of pulmonary embolism. Had the GP not been negligent, she would have been admitted to hospital and treated for her pulmonary embolism. The two recognized forms of treatment were Heparin and altepase, a clot buster. Having found that had the deceased gone to hospital, neither of these treatments would have saved her, the judge went on to consider, in the round, whether the deceased would have survived and held that she would have done. The Court of Appeal held that this was a legitimate approach in line with what Toulson LJ had said in Drake v Harbour [2008] EWCA Civ 25 at [28].
Read the full judgment here
Back to NewsAreas of expertise
- Administrative and Public Law
- Alternative Dispute Resolution (ADR)
- Arbitration
- Clinical Negligence
- Commercial Litigation and Disputes
- Education
- Employment
- Health & Safety
- Human Rights
- Insurance & Reinsurance
- Mediation
- Personal Injury
- Professional Negligence
- Regulatory & Professional Discipline
- Sports Law
- Tax
- Telecommunications & IT
