§ PUBLISHED JUDGMENT · 2006

Demery v Cardiff and Vale NHS Trust

[2006] EWCA Civ 1131·Court of Appeal (Civil Division)·11 July 2006

A woman who hurt her ankle ice skating attended University Hospital Cardiff A&E in May 2001, where an X-ray showed a fibula fracture but associated ligament ruptures went undiagnosed for a week. The trial judge dismissed her claim, but the Court of Appeal found the judgment flawed and sent the case back for a fresh trial.

Outcome

Mixed outcome

Sum stated in judgment

Not stated

Claim type

A&E Negligence

Decided

Appeal decision

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§ WHAT HAPPENED

The facts, in brief.

Defendant: Cardiff and Vale NHS Trust

Injury: Fractured fibula with undiagnosed ruptured ankle ligaments, leading to failed healing and repeated operations

Specialty: Emergency medicine / orthopaedics · Wales

§ WHAT THE COURT SAID

In the judgment’s own words.

“For the reasons I have given, I would allow the appeal and remit the case generally for consideration by a trial judge.”

The money

Appeal allowed and case remitted for rehearing; no finding of negligence and no damages decided

§ WHY IT MATTERS

What this case shows.

An X-ray showing one fracture does not end the assessment; associated ligament injuries visible from the alignment need to be considered. A flawed first-instance judgment can be reopened on appeal.

About a&e negligence claims →

§ MORE A&E NEGLIGENCE JUDGMENTS

Claimant succeeded

JBX v Frimley Health NHS Foundation Trust

[2026] EWHC 2294 (KB)·2026·Damages assessed at trial

An eight-year-old brought to Frimley Park Hospital in January 2018 with severe breathing difficulty was discharged the same afternoon instead of being admitted and given steroids; the next day he had a cardiac arrest and catastrophic brain injury. The Trust admitted negligence and causation and this judgment decides disputed heads of damages.

Sending a child home from A&E with signs of life-threatening asthma, rather than admitting and treating, was admitted to be negligent. Once liability is admitted the dispute moves to how care and lost earnings should be valued.

Claimant succeeded

Phoebe Charmaine Pickering v Cambridge University Hospitals NHS Foundation Trust

[2022] EWHC 1171 (QB)·2022·Liability decided at trial

Ms Pickering, who had atrial fibrillation, attended A&E with a cold, white leg; doctors diagnosed a resolved ischaemic event and sent her home on aspirin without heparin or a warning about her stroke risk. She had a major stroke 67 hours later, and the court found that anticoagulation would have prevented it.

A transient blockage in a limb can signal a clot from the heart, and discharging such a patient without anticoagulation or advice was admitted to be negligent. The case turned on causation, with the court accepting expert evidence that heparin would have stopped the clot progressing.

Claim failed

Watson v Lancashire Teaching Hospitals NHS Foundation Trust

[2022] EWHC 148 (QB)·2022·Liability decided at trial

A 29-year-old with sudden facial droop, speech problems and arm weakness was told by a junior A&E doctor she had migraine and was not referred to the TIA clinic, which the Trust admitted was a breach. Ritchie J found her March symptoms were in fact hemiplegic migraine, not mini-strokes, so the missed referral did not cause her later stroke.

Admitted breach of duty is not enough; the claimant must prove the correct pathway would have prevented the injury. Detailed findings about the exact sequence of symptoms decided this case.

All a&e negligence 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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