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Update on HSSIB/ MNSI
There will be a 6-month delay until the establishment of the Health Services Safety Investigations Body (HSSIB) and the Maternity and Newborn Safety Investigations Special Health Authority (MNSI).
Henderson v Dorset Healthcare University NHS Foundation Trust [2020]
Pleading ex turpi causa is attractive for defence solicitors but, historically, it has been a difficult defence to succeed with. Defendants needed to establish both causation (that the injury was caused by the illegal act, rather than the alleged negligence) and proportionality (that the crime was so serious that the claimant should not be awarded damages).
Medical Objects Left Inside Patients
We have had recent success in obtaining a discontinuance against the Defendant Trust in a claim involving a foreign object left in situ. Broadly, the Claimant (“C”) alleged that surgeons negligently left plastic coating in his body following removal of a spinal cord stimulator wire that had been in place for 12 years. The plastic coating of the wire was left in situ causing a low-grade infection and C suffered from related symptoms for around two years.
Pectus Excavatum and Surgical Intervention
Pectus Excavatum is a congenital deformity where the ribs and sternum grow abnormally forming a caved-in chest wall. In most patients, the only symptom is the cosmetic indentation of the chest although, in more severe cases, there can be respiratory problems and chest pain. Surgery involves placing titanium bars beneath the ribs and sternum to push the chest back out.