§ PUBLISHED JUDGMENT · 2020

Doubell v Kings College Hospital NHS Trust

[2020] EWHC 359 (QB)·High Court (Queen's Bench Division), on appeal from the County Court·21 February 2020

A 65-year-old inpatient who became confused at night fell out of bed and hurt her knees, and she argued that bed rails should have been fitted. The trial judge found that rails had not been recommended and would have been removed anyway, and the High Court refused to disturb those findings.

Outcome

Claim failed

Sum stated in judgment

Not stated

Claim type

Clinical Negligence

Decided

Appeal decision

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§ WHAT HAPPENED

The facts, in brief.

Defendant: Kings College Hospital NHS Trust

Injury: Injuries to both knees after falling out of a hospital bed during the night

Specialty: Nursing care (falls prevention) · England

§ WHAT THE COURT SAID

In the judgment’s own words.

“For all of these reasons, then, I dismiss the appeal.”
[2020] EWHC 359 (QB) at [60] · read the full judgment

The money

No damages were awarded. Quantum had been agreed at £7,500 but was never payable because the claim was dismissed at trial and the appeal was dismissed.

§ WHY IT MATTERS

What this case shows.

Bed rails are not automatically the safe option, because they can create their own risks for a confused and mobile patient. An appeal court will rarely overturn a trial judge's findings about what nursing staff decided or would have decided.

About clinical negligence claims →

§ MORE CLINICAL NEGLIGENCE JUDGMENTS

Claimant succeeded£550,000

Alexander v HCA International Limited & Anor

[2026] EWHC 1284 (KB)·2026·Liability decided at trial

A patient developed life-threatening pancreatitis after a gallstone-removal ERCP. The judge found the consultant never prescribed or instructed the standard preventive diclofenac suppository, so it was not given, and entered judgment for £550,000 against him.

Failing to give a recognised prophylactic drug before a procedure can be negligent even in private care. The prescribing doctor, not the hospital, carried the liability here.

Claim failed

O'Brien v Guy's & St Thomas' NHS Trust

[2022] EWHC 2735 (KB)·2022·Liability decided at trial

A man with end-stage kidney failure was given a single 400mg gentamicin dose for a chest infection and suffered permanent balance and hearing damage. His sister's claim failed because the judge accepted that a high dose was a reasonable choice for a worsening infection with sepsis risk, despite his renal impairment.

A drug dose that causes known side-effects is not automatically negligent if it was a reasonable clinical judgement in the circumstances. Departing from a hospital guideline is not itself proof of negligence.

Claimant succeeded

Plan v El-Amir & Anor

[2020] EWHC 2902 (QB)·2020·Liability decided at trial

A 79-year-old with macular degeneration was persuaded to have an intraocular lens implant in her better eye without proper informed consent, then developed raised eye pressure that the surgeon left untreated for five weeks. Stacey J found the surgeon negligent both in consenting and in delaying laser treatment, causing total blindness in that eye.

Private eye surgeons must obtain genuinely informed consent and act promptly on post-operative complications. A delay that materially contributes to permanent damage is enough for liability even if some harm had already occurred.

All clinical 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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