Following a two-day trial in the High Court, on 30 November 2012 Mr Justice Eady dismissed a claim brought against the King Edward VII Hospital.
The hospital, represented by Richard Mumford, successfully argued that there was no evidence that the Claimant’s shoulder pain, which became symptomatic after a bladder operation, was caused by negligent handling on the part of hospital staff. Furthermore, the legal doctrine of res ipsa loquitur did not apply where there was a plausible alternative explanation for the symptoms (pre-existing degenerative change) and compelling evidence that all reasonable precautions were taken in handling the patient.
Eady J considered the evidence of the hospital’s witnesses in relation to handling procedures to be “cogent and persuasive” and found that there was “simply no convincing support” for the claim.
The judgment can be found here.