§ PUBLISHED JUDGMENT · 2015

Barnett v Medway NHS Foundation Trust

[2015] EWHC 440 (QB)·High Court (Queen's Bench Division)·23 February 2015

A man with a bone disorder was admitted with leg pain, given antibiotics without blood cultures being taken first, and later discharged; weeks later he returned with a spinal infection and became paraplegic. The court found basic failures (no cultures, no monitoring of inflammatory markers) but was not satisfied they caused the paralysis.

Outcome

Claim failed

Sum stated in judgment

Not stated

Claim type

Brain & Spinal Surgery Negligence

Decided

Liability decided at trial

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§ WHAT HAPPENED

The facts, in brief.

Defendant: Medway NHS Foundation Trust · this trust’s claims data

Injury: Spinal infection (L5/S1 discitis with abscess) leading to spinal cord infarction and permanent T7 paraplegia

Specialty: Orthopaedics / infection · England

§ WHAT THE COURT SAID

In the judgment’s own words.

“On the evidence there must be judgment on the claim for the Defendant.”
[2015] EWHC 440 (QB) at [92] · read the full judgment

The money

Breach of duty found but causation not proved; judgment for the defendant.

§ WHY IT MATTERS

What this case shows.

Proving a hospital made mistakes is not enough; the claimant must show those mistakes probably caused the injury. Infection cases often turn on whether earlier detection would have changed treatment.

About brain & spinal surgery negligence claims →

§ MORE BRAIN & SPINAL SURGERY NEGLIGENCE JUDGMENTS

Claimant succeeded

Dickinson v Newcastle upon Tyne Hospitals NHS Foundation Trust

[2026] EWHC 1574 (KB)·2026·Liability and damages decided at trial

A 37-year-old alcohol-dependent man admitted for a facial abscess was not given the prophylactic vitamin B1 (Pabrinex) that guidelines required during withdrawal, which the Trust admitted was a breach. The judge found this caused Wernicke's encephalopathy and a lasting functional disorder, and set the main heads of damages including a 24-hour care regime.

Breach was admitted, so the case turned on proving the brain injury was caused by the omission rather than by pre-existing conditions. It illustrates how catastrophic-injury awards are built from a care multiplicand, case management and accommodation rather than a single headline figure.

Claim failed

Hakmi v East & North Hertfordshire NHS Trust & Anor

[2025] EWHC 2597 (KB)·2025·Liability decided at trial

An orthopaedic surgeon had a second stroke and the on-call stroke consultant, assessing by telephone because the video link was broken, decided against clot-busting treatment. The judge found documentation was poor but that thrombolysis would probably not have changed the outcome, and rejected the defendants' allegation that the claimant had faked his test results.

Poor record-keeping and a remote consultation do not win a case on their own; the claimant must show the missed treatment would have made a real difference. A defence of dishonesty needs solid evidence and failed here.

Claimant succeeded

Dee v Welsh Ambulance Services NHS Trust & Ors

[2023] EWHC 2765 (KB)·2023·Damages assessed at trial

A man who fell from a scooter in May 2019 alleged the ambulance crew and the A&E department failed to recognise and immobilise a spinal injury, manage his blood pressure or protect him from pressure sores. On an interim payment application the Master was satisfied he would succeed on the hand-function and pressure-sore injuries and ordered £109,006.96.

Where the evidence of breach and causation is strong, a court can order a substantial interim payment before trial to fund immediate needs, even though the final award remains to be decided.

All brain & spinal surgery 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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