§ PUBLISHED JUDGMENT · 2023
Jacqueline Beatty v Lewisham and Greenwich NHS Trust
[2023] EWHC 3163 (KB)·High Court (King's Bench Division)·8 December 2023
Ms Beatty, in hospital with severe cellulitis, developed ischaemic toes; a vascular surgeon diagnosed vasculitis rather than an embolism and did not order a CT angiogram, and she later needed a below-knee amputation. The judge found the surgeon's diagnosis was supported by a responsible body of medical opinion and dismissed the claim.
Outcome
Claim failed
Sum stated in judgment
Not stated
Claim type
Vascular Negligence
Decided
Liability decided at trial
§ WHAT HAPPENED
The facts, in brief.
Defendant: Lewisham and Greenwich NHS Trust (Queen Elizabeth Hospital, Woolwich) · this trust’s claims data
Injury: Right below-knee amputation following ischaemia of the foot, alleged to be a missed embolism diagnosed as vasculitis
Specialty: Vascular surgery · England
§ WHAT THE COURT SAID
In the judgment’s own words.
“It follows that this claim must be dismissed.”
The money
Claim dismissed; no damages.
§ WHY IT MATTERS
What this case shows.
A diagnosis that turns out to be wrong is not automatically negligent; if a responsible body of specialists would have reached the same view on the information available, the claim fails under the Bolam test.
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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