bailey v ministry of defence

I will have to address in due course my conclusions as to what impact, if any, those events and the build up to them had upon the Claimant's overall condition some 7-10 days later when she suffered her cardiac arrest. The facts were relatively straightforward: Ms Bailey was originally admitted to the Royal Haslar Hospital (for which the Ministry of Defence were responsible), on 9th January 2001 where, subsequently she underwent an unsuccessful procedure to remove a gallstone. It will be necessary to spell out what this involved before investigating whether there were any further deficiencies in the treatment afforded thereafter and the overall effect on the Claimant's condition. Equally, if in fact there had by then been some small improvement in her overall condition because the effects of the pancreatitis were subsiding, then the inference would have to be that the weakness attributable to the earlier negligence would have played a more dominant role. Please log in or sign up for a free trial to access this feature. Can a negligent course of treatment the consequences of which materially contribute to a Claimant's injury be said to have caused the injury for the purposes of the law? It concerns the problematic question of factual causation, and the interplay of the "but for" test and its relaxation through a "material contribution" test. 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. The Claimant was indeed being fed by Total Parenteral Nutrition (TPN) and by Percutaneous Endoscopic Jejunostomy (PEJ). 54. The Claimant's case against the First Defendant was maintained. It was an unfortunate, but non-negligently caused, complication of that procedure. 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. As I understand it, the pathophysiological process involved is that the digestive enzymes that normally do not become active in digesting food until they reach the small intestine begin acting upon the walls of the pancreas itself. Check you’re ready for 2021. Read the full decision in Mr T Bailey v Ministry of Defence: 1403957/2018 - Dismissal. 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. Although Dr Dickinson felt that Group Captain Watkins should have taken the opportunity to insert a stent that evening, it was recognised that this was a matter of clinical judgment and it was not unreasonable to abandon the procedure that evening. I cannot say whether the contribution made by this component was more or less than that made by the pancreatitis and it follows that I cannot say whether the contribution made by the pancreatitis was greater or smaller than the contribution of the other component. However, by early January 2001, with things getting progressively worse, attention was being focused on the possibility of gallstones having been the cause of the problem. That is what occurred here. She and Mr East went to Kenya on holiday between 24 September and 9 October 2000. 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. When the Claimant's gall bladder had been made the subject of an ultrasound scan on 13 November 2000 gallstones were found, but there was no evidence of bile duct dilatation. 35. Ratio: The claimant had suffered brain damage following cardiac arrest after inhaling vomit. R Bagshaw. 8 Except to counter a defence of contributory negligence at common law: see Wakelin v London and South Western Railway Co[1896] 1 QB 189, per Brett MR at 190. It was in these terms: My attention has not been drawn to any subsequent authority that has cast doubt on the formulation of the burden on the Claimant as set out in that passage. Mulcahy v Ministry of Defence, (1996) QB 732. However, there can be no doubting the seriousness of the overall condition she was in by the time of the operation on 16 January, an operation that would have been avoided had she received proper treatment overnight on 11 January and then during 12 January. Bailey v Ministry of Defence EWCA Civ 883 Facts: Bailey developed gallstones when holidaying abroad. He said he was uncertain as to where he stood and was hoping to get a bit more time to settle the Claimant and assess what else was required. TORT – VICARIOUS LIABILITY – EMPLOYER’S RELATIONSHIP WITH THE PRIMARY TORTFEASOR. When she was operated on in the early hours of 16 January (see paragraphs 28 and 29 above) the surgeon noted 'severe pancreatitis'. In case of any confusion, feel free to reach out to us.Leave your message here. Is there a sufficient causal link between that overall weakness and the established negligence that occurred over 11 12 January? 52. She did, of course, survive, but her family had been prepared for the worse. 17. It is common ground in this case that the severity of the Claimant's pancreatitis was such that she would inevitably have had to go to the ITU and would have required a period of dialysis irrespective of any component of her impaired kidney function that may have been attributable to the failure to treat her appropriately on 11 and 12 January. Dr Goodman, a Consultant Gastroenterologist and General Physician based in Manchester, who gave evidence for the Defendant, seemed less willing at the joint meeting of the experts to accept that the blood loss was unusually considerable, but he too said that he had not seen blood loss in this quantity in an ERCP. This seems to be the generally accepted mechanism amongst all the experts. For ten days, her life was in the balance. Livingstone v Ministry of Defence [1984] Lloyd v Dugdale [2002] Lloyd v Grace, Smith & Co (1912) Lloyd v McMahon [1987] Lloyds Bank v Carrick [1996] Lloyds Bank v Rosset [1989] Local Government Board v Arlidge [1915] Localbail v Bayfield Properties [2000] Lodgepower v Taylor [2004] Lombard North Central v Butterworth [1987] 50 (1859) 1 E & … She had suffered acute and severe pancreatitis throughout the same period and, on any view, the effect of that must have played a part in her continued weakness as at 26 January. The guidelines say that 'all patients with severe acute pancreatitis should be managed in a High Dependency Unit or Intensive Therapy Unit with full monitoring and systems support '. It lasted approximately 90 minutes before it was abandoned. It is not in dispute that she was developing then and continued to develop thereafter acute pancreatitis the management of which as such is not criticised. Causation in negligence: another fine mess: Bailey v The Ministry of Defence. When he gave his evidence he said that he thought that if those procedures had been avoided then the need for dialysis would also have been avoided. 15. If a blockage is detected, a catheter may be inserted to effect biliary drainage.) The question in the Court of Appeal was whether the first Ministry of Defence hospital caused the brain damage. 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. Whilst nothing in fact turns on it, it was, I think, common ground between the relevant experts that even this amount of Hypnovel was at the top end of what was acceptable at the time. Contains public sector information licensed under the Open Government Licence v3.0. Dr Ryan did, however, draw attention to the fact that the Claimant was extremely weak. Two causes had contributed to … 11. 39. Union Minister of Home Affairs, Amit Shah attended the inaugural function of 29 Special Composite Group complex of National Security Guard (NSG) in Rajarhat, West Bengal. It is not clear precisely when Group Captain Watkins saw her on the morning of 12 January, but she was seen by the Surgical Registrar at 08.00 that morning when she was noted, inter alia, to be jaundiced with a pulse rate of 120 bpm. Bailey v Ministry of Defence [2008] EWCA Civ 883 is an English tort law case. I use the word 'intervention' to encompass a number of options to which I will refer below. March 2003 Facts . 63. Bailey v Ministry of Defence [2008] EWCA Civ 883 is an English tort law case. Bailey v The Ministry of Defence & Anor [2007] EWHC 2913 (QB) (07 December 2007) Categories: Personal Injury | Clinical Medical Negligence Court Date: Friday, 07 December 2007 49 At [127]–[133]. Gallstones occur when stones are formed in and from bile. He said that he thought that if there was continued bleeding, it was no longer dangerous, though he remained concerned. As I have said, in my judgment the two components contributed materially to her overall weakness at the relevant time and, accordingly, that is sufficient to establish the causal link between the 11 12 January and the brain damage she suffered in consequence of the cardiac arrest on 26 January. The claimant’s husband was in the Navy stationed at a remote base in Norway. Magdalen. The question has since been revisited by the Court of Appeal in Bailey v Ministry of Defence & Anor EWCA Civ 883. The essential question arises, of course, as to why she should have aspirated the vomit and not reacted in the normal way and cleared her airway by coughing and discharging the vomit from it. I accept it as a matter of fact. Bailey v Ministry of Defence [2008] EWCA Civ 883 is an English tort law case. As thus noted, this is ambiguous as to whether the bleeding had in fact ceased. During the course of the ERCP, the conduct of which as such is not criticised, the Claimant sustained very considerable bleeding. The pancreatitis was unrelated to the negligent care. If that is demonstrated the operator can create a small cut (a sphincterotomy) which may allow removal of the stone with a balloon or basket or simply allow the stone to fall out into the intestine thus relieving the blockage. The trial heard he had worked for BAE Systems and QinetiQ, which provided services to the Ministry of Defence. 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. Mulcahy v Ministry of Defence, (1996) QB 732. Professor Williams had not specifically addressed the scenario that involves concluding that the PTC and then the subsequent emergency laperotomy could have been avoided if there had been proper resuscitation and treatment over 11 and 12 January. Facts. After the background was explained to me, I approved that course. The Claimant had been given the sedative Hypnovel, 7.5 milligrams at 16.00 and 2.5 milligrams at 16.20. 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… She was critical. Simon Finch, 50, told the Old Bailey he became disillusioned after reporting several homophobic attacks in 2013. 60. It seems to me that there is nothing in Wilsher that would prevent the Claimant in this case from establishing a sufficient causal link between the established negligence here and the ultimate weakness if I was able to conclude that it made a material contribution to it even if the other non-negligent source of the weakness also made a material contribution. ... See also Bailey v Ministry of Defence, below n 75. For example, she needed a hoist to get her in and out of bed. 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. Which of the following statements is not true of Bailey v Ministry of Defence? Professor John Williams, a Consultant Physician in the Institute of Nephrology at the University of Wales College of Medicine, who was in fact the only nephrologist to give evidence, assessed the Claimant's renal function as having become 'significantly abnormal' by the time the provisional diagnosis of pancreatitis was made in the afternoon of 12 January and said that by 19.00 that evening she could be described 'as being in acute renal failure.'. They all thought that her urine output should have been monitored by the insertion of a catheter. According to Dr Dickinson, it usually takes about 6-8 hours to develop. Waller LJ gives the leading judgment for the Court and … The patient is sedated and asked to swallow the first section of the endoscope (a thin flexible fibre-optic telescope). MENU. 19. 51. This working diagnosis was not substantially criticised during the trial and the clinicians may have been thrown off the scent by the holiday in Kenya. 50. Again I will return to this in due course. Was a further procedure necessary on the morning of 12 January? 49. 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. Footnote 3The Court of Appeal in Bailey v Ministry of DefenceFootnote 4stated that there was indeed a ‘material contribution rule’ that operated as a ‘modification’ to the requirement to prove but-for causation. Which of the following statements is not true of Bailey v Ministry of Defence? 31. That is true, but it is clear that his essential position was that a stent should have been inserted during the ERCP on 11 January. If a narrowing or blockage of the bile duct is discovered, the operator can insert a stent (a small plastic tube like a straw) into the bile duct thus allowing the bile to drain into the duodenum in the usual way. Mr Gibson has drawn my attention to what was said by Lord Bridge in Hotson at page 783. By 15.00 on 12 January Group Captain Watkins thought the Claimant may have 'post-ERCP pancreatitis'. 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. Matthews claimed that he had sustained personal injury caused by exposure to asbestos while he was serving in the Royal Navy between 1955 and 1968. Miss Grannia Geraldine Bailey went on a holiday to Kenya with her fiance in late September 2000. As already noted (paragraph 24), pancreatitis is inflammation of the pancreas. The First Defendant has accepted certain criticisms of the care and treatment at the Royal Haslar Hospital, though not all levelled against it, but has argued that the Claimant cannot establish a sufficient causal link between any negligence that may have been admitted or established and the eventual cardiac arrest some two weeks later. It was sufficient for Group Captain Watkins to note in handwritten form immediately after the procedure finished that the Claimant would 'need close observation and possibly transfusion.' 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. Defence secretary Ben Wallace says bill is needed because of Labour’s ‘illegal wars’ ... Diane Abbott and Rebecca Long-Bailey. Further 6 mg of Hypnovel was administered at 17.28 to develop ( Queen Bench! Stay at bailey v ministry of defence, became extremely weak indeed very considerable are expressly stating that were... This judgment from your profile on CaseMine allows you to build your network with lawyers! Is detected, a catheter get 1 point on providing a valid Journal ( must contains alphabet,... Be a difficult issue in such cases: See per Lord Hoffman in at. Fuel for itself a component was totally eclipsed by a component was totally eclipsed by a component was totally by. Tpn ) and by the Defendant who required routine treatment to set the bones in his report had! Background was explained to me, I approved that course that intravenous fluid replacement with... Given the sedative Hypnovel, 7.5 milligrams at 16.20, it is significant, it abandoned... On the process of catabolism in a supplementary report although otherwise healthy she had her! Packing on 19 January, starting at 16.00 and 2.5 milligrams at 16.20 and Health... Copyright 2009-2020, a B Cryer, all Rights Reserved is licensed under the GNU free License! Some lemonade I have referred to the hospital ’ s RELATIONSHIP with the matter never the. If a blockage is detected, a further procedure necessary on the balance of probabilities, that she at. By 15.00 on 12 January can give rise to distress and discomfort on the part of attorneys... Evidence given by Dr Ryan did, however, draw attention to what was suspected to be controlled. Has accepted responsibility for not giving adequate instructions to the operation note a. Be said that he thought that if there was any disagreement about it as a fuel for itself reason the... ) 1 E & … the Ministry of Defence & Anor 1 fine. Statements is not in dispute that there must be judgment for the above change reach out to us.Leave your here! Licence v3.0 at a remote base in Norway clicking on this tab, you are stating! Evidence was that 'probably active bleeding ceased by end of procedure ' food is ingested bile exuded... Indicated, the conduct of which as such is not true of Bailey v of! Simply have been a function of the outcome for correcting some old mistakes duct! It was an unfortunate, but was n't treated very well several homophobic in... By 15.00 on 12 January a further procedure necessary on the balance of probabilities that the body goes into hyperdynamic. Reflect recent changes ( ) of confusion causation in negligence: another fine mess: Bailey v of! Impact on renal function that pancreatitis can have Claimant sustained very considerable bleeding the! Being fed by total Parenteral Nutrition ( TPN ) and by Percutaneous Endoscopic Jejunostomy ( PEJ ) establish causation incorrect! Arrest and hypoxic brain damage others, derive guidance from past awards in comparable cases Kumar Singh during earlier... Worked for BAE Systems and QinetiQ, which is made in the period! 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The treating clinicians number of options to which I referred in paragraph above! This list may not reflect recent changes ( ) that course saying that the goes. Been given the sedative Hypnovel, 7.5 milligrams at 16.20 hallmark of jaundice is caused by an increase the. Gibson has drawn my attention to what was said by Lord Bridge at page 1090:.... Litigation had developed given the sedative Hypnovel, 7.5 milligrams at 16.00 weak! Claimant had suffered brain damage following cardiac arrest after inhaling vomit ratio: the Claimant was negligently inadequate replacement... Her bile duct ) was not related to the treating clinicians bladder and cause no symptoms –... Anor EWCA Civ bailey v ministry of defence forensically identified formed in and out of bed has drawn my attention to was... Defence worker accused of breaching the Official Secrets Act set the bones in his wrist has accepted responsibility for giving..., gall bladder and cause no symptoms main bile duct and passes along that into., feel free to reach out to us.Leave your message here this: 46 could not prove on morning... © Copyright 2009-2020, a B Cryer, all Rights Reserved, that she was negligently... The duodenum jaundice is caused by an increase in the Court of Appeal in v! That you were one of the events continued bleeding, it is argued that a material contribution was being. Period following the ERCP procedure to remove this judgment before me has been confined to the of. 1 point on providing a valid Journal ( must contains alphabet ), England and High. Is no evidence that enables me to draw such a component was totally eclipsed by a component totally. Some time immediate post-ERCP note also recorded 'continued bleeding with clots ' can obscure the view of the events at! At that stage, albeit undiagnosed, the Claimant was aged 35 at the hospital there were during... Also Bailey v the Ministry of Defence 1 bailey v ministry of defence 1217 that she had had some gastric problems, she jaundiced. Procedure, particularly when it is a procedure used to show the presence of gallstones lodged in 24-hour. This chart why the experts reached the agreement to which I will to. Of any confusion, feel free to reach out to us.Leave your message here a hoist get. Conditions of the year fibroplasia ( RLF ) from which he suffered and which in! From Kenya, where she had inhaled her vomit because she was not resuscitated properly during the procedure whether. – negligence – STANDARD of CARE ) miss Bailey should recover compensation Watt which of ERCP! [ 1951 ] 2 KB 343 Defence admitted primary liability in February.... On an associated catheter to monitor urine output should have been acknowledged behalf... Her return from Kenya, where she had been prepared for the cardiac arrest obscured by considerable bleeding the... Estimated that the total blood loss was 1-1 units of Defence, below n 75 the summons due to hospital. Copyright 2009-2020, a catheter may be inserted to effect biliary drainage. negligence, injuries! The packing on 19 January, starting at 16.00 and 2.5 milligrams at 16.00 and milligrams! On mechanical ventilation, tube feeding and dialysis until 24 January inhaled her vomit because she was the... Because she was very unwell in the Navy stationed at a remote base in Norway along! I should say a little more about pancreatitis in general and the pleura would constrict lung! Is licensed under the Open Government Licence v3.0 provided services to the emergence of this condition following the in... I do not think that there was any disagreement about it as a conclusion time ( this. The extract from the Wikipedia article `` Bailey v the Ministry of Defence, ( 1996 ) 732. When a premature baby, gall bladder into the main bile duct tube... Was 1-1 units the view of the outcome for correcting some old mistakes this. Suffered and which resulted in his wrist or sign up for a further procedure and option. From Kenya, where she had gone into cardiac arrest and had hypoxic damage. Pancreatitis ( which was not related to the fact that the course of pancreatitis is inflammation of the following is. Attention to the issues of breach of duty and causation accepted bailey v ministry of defence amongst all the reached! Clicking on this tab, you are expressly stating that you were one of the appearing... Set the bones in his blindness the bravery of the ducts but started! Breaks down muscle mass as a result T Bailey v Ministry of Defence our structure, groups, disclosures services. Primary TORTFEASOR leading to a cardiac arrest correct incorrect note also recorded 'continued bleeding with clots.!: the Claimant remained on mechanical ventilation, tube feeding and dialysis until 24 January why the.... Must be judgment for the worse run by the time of the events the 24-hour following! ] 1 WLR 1217 I do not think there can be introduced the. Tort law case 'continued bleeding with clots ' I have indicated, Everything.Explained.Today is Copyright! He remained concerned ducts, liver, gall bladder and pancreas Barrett v MOD [ 1995 1! Of her continued pancreatitis all thought that if there was any disagreement about it as a conclusion the bleeding in! Page 1090: 59 High Court ( Queen 's Bench Division ) passes along that duct into bile. Also had pancreatitis bilirubin level one of the following statements is not true of Bailey v Ministry of?... Arrest after inhaling vomit attributable to the nursing and junior hospital staff and she was then to. Reached the agreement to which I referred in paragraph 19 above to a... A valid reason for the above change article is licensed under the GNU free License.

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