§ PUBLISHED JUDGMENT · 2005

Lillywhite & Anor v University College London Hospitals NHS Trust

[2005] EWCA Civ 1466·Court of Appeal (Civil Division)·7 December 2005

A leading fetal medicine specialist reported a normal brain on a specialist scan even though a routine scan had raised concerns, and the child was born with a severe brain malformation. The trial judge found no negligence, but the Court of Appeal by a majority held that the structures could not have been seen with reasonable care and skill, and found for the parents.

Outcome

Claimant succeeded

Sum stated in judgment

Not stated

Claim type

Misdiagnosis & Delayed Diagnosis

Decided

Appeal decision

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§ WHAT HAPPENED

The facts, in brief.

Defendant: University College London Hospitals NHS Trust · this trust’s claims data

Injury: Wrongful birth: daughter born with severe holoprosencephaly after a specialist referral scan reported brain structures as present when they were absent

Specialty: Fetal medicine / tertiary obstetric ultrasound · England

§ WHAT THE COURT SAID

In the judgment’s own words.

“On the material before him he should have found for the claimants, and I would substitute such an order for the order that he made.”
[2005] EWCA Civ 1466 at [107] · read the full judgment

The money

Appeal on liability only; no damages figure printed.

§ WHY IT MATTERS

What this case shows.

Where a highly specialised scan gets it badly wrong, the hospital must offer a possible explanation consistent with reasonable care; if it cannot, negligence may be inferred. Appeal courts will overturn a trial judge when the evidence cannot support the finding.

About misdiagnosis & delayed diagnosis claims →

§ MORE MISDIAGNOSIS & DELAYED DIAGNOSIS JUDGMENTS

Claimant succeeded£811,247

Daisy Lynch v The Princess Alexandra Hospital NHS Trust

[2026] EWHC 657 (KB)·2026·Damages assessed at trial

The trust admitted it negligently failed to diagnose Daisy Lynch's developmental hip dysplasia at birth, so it was not picked up until she was three, by which time simple non-surgical treatment was no longer possible. She went through repeated hip operations and a total hip replacement at 22, and the court assessed her damages after an eight-day trial.

Even where liability is admitted, damages can be heavily contested, and the court can add a provisional damages order letting the claimant return for more if a specified complication later occurs. The award covered pain and suffering, lost earnings, future care and future surgery.

Claim failed

Brady v Southend University Hospital NHS Foundation Trust

[2020] EWHC 158 (QB)·2020·Liability decided at trial

After an appendectomy a woman developed an abdominal mass that scans labelled a harmless omental infarction; it was actually a rare bacterial infection that later formed an abscess needing surgery. The judge accepted an early biopsy would have avoided this but held the doctors were not negligent in not doing one.

Hindsight showing that a test would have helped is not the same as proving it was negligent not to do it. Unusual infections that mimic benign findings on scans are a recognised trap for both clinicians and claimants.

Claim failed

Shaw v South Tees Hospitals NHS Foundation Trust

[2019] EWHC 2280 (QB)·2019·Liability decided at trial

The mother argued the consultant should not have confidently reported a normal brain structure on the anomaly scan when the images were unclear. The judge accepted the consultant had scanned carefully and that a responsible body of specialists would have reached the same view, so negligence was not proved.

A missed abnormality on an antenatal scan is not automatically negligence; the claimant must show no responsible specialist would have reported as the clinician did. Careful, well-documented scanning is a strong defence.

All misdiagnosis & delayed diagnosis judgments →

Contains information licensed under the Open Justice - Licence v2.0. Judgments from Find Case Law, The National Archives. Summaries are ours; amounts only where printed in the judgment.

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