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assessment of damages

assessment of damages

 £37 million Damages awarded in UK Clinical Negligence claim
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£37 million Damages awarded in UK Clinical Negligence claim

A 6 year old boy was awarded £37 million  (AUD$67.39) after suffering catastrophic brain damage following a delay in administering anti-viral medication.  The Claimant contracted the Herpes Simplex virus at birth at Watford General Hospital in 2012.  He suffered significant cognitive and motor impairment, eyesight and communication problems and behavioural issues. Liability was admitted and an apology was given at an early stage....

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Competent professional practice does not require evidence of “a practice”

In Sparks v Hobson; Gray v Hobson [2018] NSWCA 29, the Plaintiff suffered from Noonan Syndrome, a genetic disorder that prevents normal development in various parts of the body. Due to this disorder, his ability to fill his lungs with air, and hence to breathe, was restricted. Surgery to correct this problem was arranged to take place in two stages. The first operation was successful. The second ...

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Hospital found to have delayed in treating bacterial meningitis

In 2005 the plaintiff was diagnosed with a benign brain tumour. Surgery to remove the tumour in 2006 led to 90% of the tumour being removed. Further surgery undertaken in September 2007, which all experts described as complex, was unable to be completed due to damage to the carotid artery occurring. This damage was repaired and the Plaintiff was transferred to Royal Perth Hospital (RPH) for ongoing care....

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Hospital negligent over amputation of child’s thumb

The plaintiff had sustained a severe complex crushing injury to his left thumb and was diagnosed with fractures. Following his presentation to the hospital, the plaintiff’s surgery for wound exploration, washout and fixation of his fractures was postponed until the next morning due to the later arrival of other emergencies that hospital staff had assessed as having higher priority. The plaintiff also received antibiotic therapy at the hospital....

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Dependency tables used to assess damages in fatal accident claims to be updated

The late Mr Norris died from liver disease in 2011, at the age of 52. He was survived by his wife, Dr Norris, and their two teenage sons. In 2013 Dr Norris sued Dr Routley, her late husband’s treating specialist, who accepted that his negligent failure to refer Mr Norris for a liver transplant was a cause of his untimely death. At first instance, the trial judge awarded Dr Norris damages in sum of $21,757....

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