Was a further procedure necessary on the morning of 12 January? The endoscope also has a side channel down which other tubes or instruments can be passed. Otherwise, it is a multiple potential cause situation, like Wilsher, in which a causal link cannot be forensically identified. 21. Bailey v The Ministry of Defence & Anor [2008] EWCA Civ 883 (29 July 2008) is case on causation in negligence. 35. The extract from the judgment of Sir Nicolas Browne-Wilkinson V-C was quoted in the opinion of Lord Bridge at page 1090: 59. CaseCheck Read the full decision in Mr T Bailey v Ministry of Defence: 1403957/2018 - Dismissal. This approach was supported explicitly by Dr Dickinson. Pages in category "Ministry of Defence (United Kingdom)" The following 78 pages are in this category, out of 78 total. She was treated at a hospital when she returned, but wasn't treated very well. This seems to be the generally accepted mechanism amongst all the experts. So much was agreed by Dr Dickinson and Dr Goodman when they (together with a Dr Anderson who had reported for the Second Defendant) discussed the case. Leaving aside other matters for the present purposes, there was no guarantee that the biliary blockage had been cleared, though Group Captain Watkins thought that the stone had 'probably' been removed. 2. Mulcahy v Ministry of Defence, (1996) QB 732. When he discussed the position with his colleague who had provided a report for the Second Defendant (Professor Sacks), he modified his view to accept that she would have gone on to suffer renal failure and would have required dialysis in any event (presumably on the basis of the pancreatitis), though he maintained the position that she would have been less ill and would have sustained a lesser degree of renal impairment if she had been properly resuscitated. I have already alluded to the emergence of this condition following the ERCP. 53. The claimant’s husband was in the Navy stationed at a remote base in Norway. She had inhaled her vomit because she was in a very weakened state. Which of the following statements is not true of Bailey v Ministry of Defence? Causation in negligence: another fine mess: Bailey v The Ministry of Defence. She was commenced on dialysis on 17 January. This would have enabled an investigation into whether the stone had been removed and it would have presented an opportunity to insert a stent if it was clear that it had not. 31. Read the full decision in Mr T Bailey v Ministry of Defence: 1403957/2018 - Dismissal. The logical progression of Dr Dickinson's view must be that, provided the patient is fit enough to undergo another procedure, then such procedure should be carried out as soon as possible. As I have said, though, the more compelling and logical view is that this should have been carried out earlier on 12 January. 3 6 days to go. 10. Mr Gibson did not dissent from the proposition that it was an unsatisfactory way for the evidence to emerge, but asserted that this was the evidence of Professor Williams and he was the unchallenged expert in nephrology. Professor Williams had said in his initial report that the probable scenario was that the Claimant had fallen asleep, vomited and then aspirated causing the subsequent cardiac arrest. R S. Rushmi Sethi examines clinical negligence claims concerning childbirth injury But I consider that Dr Dickinson's view has the force of logic behind it and, coming from someone whom I regarded as an impressive witness with considerable knowledge of the kind of issues involved, it is a view I accept. Which of the following statements is not true of Bailey v Ministry of Defence? It is, I think, unfortunate that matters emerged in the way that they did, but it has to be said that neither Dr Dickinson nor Dr Goodman had addressed this specific scenario in any detailed degree in their reports, although there was an indication from Dr Dickinson at the joint meeting of his views as I have already recorded. Except where otherwise indicated, Everything.Explained.Today is © Copyright 2009-2020, A B Cryer, All Rights Reserved. The claimant’s husband was in the Navy stationed at a remote base in Norway. 54. As it was, she was not sufficiently fit for a further procedure and that option was not available to the treating clinicians. Professor Williams is plainly a very distinguished expert with considerable experience in this field. 4. 36. On 26 January 2001, when an inpatient on the renal ward at St Mary's Hospital, Portsmouth, the Claimant suffered a cardiac arrest that caused her to suffer hypoxic brain damage. Posted July 31st, 2008 in causation, law reports, negligence, personal injuries by sally. It uses material from the Wikipedia article "Bailey v Ministry of Defence". But he went into a "downward spiral" … 37. By contrast Marc Staunch has been critical of "hairline distinctions" that the case law has given rise to, but focused some of his criticism on Waller LJ's universal approach, saying. It can be a difficult issue in such cases: see per Lord Hoffman in Fairchild at para 69. He concluded that the failure to resuscitate properly overnight on 11/12 January, combined with the failure to deal definitively with the problem on the morning of 12 January, led to a significant worsening of her overall illness and meant that her recovery was unnecessarily prolonged. It could not be said with certainty that it was their poor care that led to Miss Bailey's weakness (and choking leading to brain damage), because her weakness was also a result of the pancreatitis that Miss Bailey developed (and that was not the MoD hospital's fault). Please log in or sign up for a free trial to access this feature. 22. Kuwait Airways Corporation v Iraqi Airways Company, (2002) 2 AC 883; ILDC 243 (UK 2002) R (Abbasi) v Secretary of State for Foreign and Commonwealth Affairs, (2002) EWCA Civ 1598; ILDC 246 (UK 2002) Multiple Claimants v Ministry of Defence… 60. One component was the weakness engendered by the pancreatitis, the other was the weakness engendered by the consequences of the negligence on 11 12 January which led to a very stormy passage for the Claimant ending (purely from a surgical point of view) on 19 January when the packing of the liver was removed. Pleural plaques were apparent on X-ray and the pleura would constrict the lung and induce breathlessness; and the asbestos must have . Professor Williams had said in his initial report that proper resuscitation after the ERCP would, on the balance of probabilities, have prevented the need for dialysis. She got worse. Kuwait Airways Corporation v Iraqi Airways Company, (2002) 2 AC 883; ILDC 243 (UK 2002) R (Abbasi) v Secretary of State for Foreign and Commonwealth Affairs, (2002) EWCA Civ 1598; ILDC 246 (UK 2002) Multiple Claimants v Ministry of Defence… 34. The Court of Appeal found that both the pancreatitis and the negligence had an impact, and that the evidence did not satisfy the but-for test. This means feeding the patient by tube and, of course, monitoring closely all other functions. As with so many scenarios, this is a possible construction of the events. Sarah Green was supportive of the outcome for correcting some old mistakes. What I am prepared to accept, because it seems to me to be a common sense assumption, is that the Claimant's generally weakened and debilitated condition on 26 January caused her not to be able to respond naturally and effectively to the emergence of vomit from her gut with the consequence that she inhaled it. If this approach to causation is permitted it does, of course, mean that the 'but for' test is not being applied: see Fairchild v. Glenhaven, etc, at paragraph 129 per Lord Rodger of Earlsferry. She got nauseous and vomited. That is what occurred here. 61. 25. Bailey (by her father and litigation friend) v Ministry of Defence and another – WLR Daily. 47. The Claimant was indeed being fed by Total Parenteral Nutrition (TPN) and by Percutaneous Endoscopic Jejunostomy (PEJ). Published 6 February 2019 Brexit transition. Again, this is something that he had not developed in any of the written material previously and, whilst he may be right about what he says, I am disinclined to accept the precise mechanism he mentioned without further material to support it. 23. ... See also Bailey v Ministry of Defence, below n 75. Published 6 February 2019 Brexit transition. She was treated negligently during her postoperative stay at hospital, became extremely weak, and developed pancreatitis. One night he was celebrating his 30 th birthday and a recent promotion by drinking with his friends in the bar provided at the Naval base. A quick discussion of: Matthews v Ministry of Defence [2003] UKHL 4, [2003] 1 All ER 689. 52 (1886) 12 App Cas 41. Hotson v. East Berkshire Area Health Authority [1987] AC 750. 57. Bolitho v City and Hackney Health Authority [1998] AC 232. Miss Grannia Geraldine Bailey went on a holiday to Kenya with her fiance in late September 2000. ... See also Bailey v Ministry of Defence, below n 75. When it occurs, particularly when it is significant, it can obscure the view of the endoscopist. Whilst Mr Scurr, looking at things from the perspective of a surgeon, would have favoured an immediate surgical approach by way of laparotomy, I think that the most favoured approach in the circumstances would have been a further endoscopy under general anaesthetic. Whether the responsibility was his or that of the nursing and other medical staff does not matter for present purposes: what matters is to determine the extent to which the failure to deal with her immediate post-ERCP condition and its development thereafter fell below reasonable standards of care and then to see what direct or indirect effect, if any, that had upon the Claimant's condition in due course. Mr Christopher Gibson QC and Mr Paul Dean (instructed by Blake Lapthorn Tarlo Lyons Solicitors) for the Claimant, Mr Derek Sweeting QC (instructed by The Treasury Solicitors) for the First Defendant. At that stage, albeit undiagnosed, the Claimant was developing another well-recognised complication of ERCP, namely, pancreatitis. He also recieved a memento from NSG, DG, Anup Kumar Singh during the inauguration. Dr Goodman helpfully produced the UK 'Guidelines for the Management of Acute Pancreatitis' that were extant at the time of material events, together with updated guidelines. Bailey v Ministry of Defence and Another Court of Appeal "Where medical science could not establish the probability that but for an act of negligence an injury would not have happened but could establish that the contribution of the negligent cause was more than negligible, the 'but for' test was modified and the claimant would… I will deal with the effect of this failure on the Claimant's overall condition below, but there was, I think, no real dispute that, had she been properly resuscitated by an acceptable level of fluid replacement therapy, she would have been materially better than she was in fact on the morning of 12 January. In Wilsher the Claimant was negligently over-oxygenated when a premature baby. Why should it be said that such a component was totally eclipsed by a component attributable to the pancreatitis? The First Defendant's case is that it could only have been that that had any bearing on her weakness at that time, the events of 11 and 12 January being too remote for it to have had any material influence. Get 1 point on providing a valid sentiment to this The foregoing is merely a summary of the position at that time. 50 (1859) 1 E & E 385. 13. The Claimant was treated negligently but … Bailey v Ministry of Defence [2008] EWCA Civ 833 In this case, ‘material contribution’ to damage was adopted as the appropriate causal test under the circumstances. He said that the more severe the injury and the longer it is sustained, or repeated, the greater the effect and the longer it takes for recovery to occur. I will say more about it in detail shortly, but in essence it is that the alleged negligent treatment whilst at the Royal Haslar Hospital left her so significantly weakened that it caused or materially contributed to the cardiac arrest. He said he felt he could have put a stent in had she become sufficiently settled and he either wanted to do that or insert another balloon to see if the bile duct had cleared. It is not disputed that the failure to resuscitate properly would have made the Claimant potentially more likely to sustain renal impairment than otherwise would have been the case. For ten days, her life was in the balance. 1. It lasted approximately 90 minutes before it was abandoned. The essence of the case against the Second Defendants was that Claimant should not have been transferred from the ITU to the renal ward when she was and that once there she should have been more closely monitored than she was. If it had not or there was uncertainty about it, it is difficult to see how logically one could simply do nothing thereafter, particularly if there is evidence (as there was here when the bilirubin results were obtained) that there had been no material improvement. 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