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PI Brief Update

Res Ipsa Loquitur and Clinical Negligence Following Thomas v. Curley [2013] EWCA Civ 117 - Richard Baker, 7 Bedford Row

16/05/13. I would think that most clinical negligence practitioners have from time to time met a client who underwent an apparently routine operation under general anaesthetic albeit with disastrous consequences. We look to the consequences of that operation, which may be far beyond what our client or their surgeon contemplated and say: ‘how could that not be caused by negligence’; but how do we prove it? Thomas v. Curley was a case about this very problem...

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All information on this site was believed to be correct by the relevant authors at the time of writing. All content is for information purposes only and is not intended as legal advice. No liability is accepted by either the publisher or the author(s) for any errors or omissions (whether negligent or not) that it may contain. 

The opinions expressed in the articles are the authors' own, not those of Law Brief Publishing Ltd, and are not necessarily commensurate with general legal or medico-legal expert consensus of opinion and/or literature. Any medical content is not exhaustive but at a level for the non-medical reader to understand. 

Professional advice should always be obtained before applying any information to particular circumstances.

Excerpts from judgments and statutes are Crown copyright. Any Crown Copyright material is reproduced with the permission of the Controller of OPSI and the Queen’s Printer for Scotland under the Open Government Licence.