§ PUBLISHED JUDGMENT · 2022

Phoebe Charmaine Pickering v Cambridge University Hospitals NHS Foundation Trust

[2022] EWHC 1171 (QB)·High Court (Queen's Bench Division)·17 May 2022

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.

Outcome

Claimant succeeded

Sum stated in judgment

Not stated

Claim type

A&E Negligence

Decided

Liability decided at trial

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§ WHAT HAPPENED

The facts, in brief.

Defendant: Cambridge University Hospitals NHS Foundation Trust (Addenbrooke's Hospital) · this trust’s claims data

Injury: Massive left middle cerebral artery stroke with serious brain damage, expressive and receptive dysphasia and limb weakness

Specialty: Emergency medicine / stroke and vascular medicine · England

§ WHAT THE COURT SAID

In the judgment’s own words.

Anti-coagulation with Heparin instituted on 25 September would have prevented further clot propagation in the left atrium

The money

Liability and causation judgment only; breach of duty was admitted by the defendant on day one of trial and damages are to be assessed separately.

§ WHY IT MATTERS

What this case shows.

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.

About a&e negligence claims →

§ MORE A&E NEGLIGENCE JUDGMENTS

Mixed outcome

Arksey v Cambridge University Hospitals NHS Foundation Trust

[2019] EWHC 1276 (QB)·2019·Liability decided at trial

Mrs Arksey attended Addenbrooke's with a warning bleed from a brain aneurysm but was discharged without a CT scan and suffered a catastrophic re-bleed the next day. The court held she had not proved that admitting her would have avoided the re-bleed, though she succeeded on an admitted delay in fitting a shunt for hydrocephalus.

Proving breach of duty in A&E is only half the battle; the claimant must also show that the correct treatment would have prevented the injury in time, which failed here for the main allegation.

Claimant succeeded

Darnley v Croydon Health Services NHS Trust

[2018] UKSC 50·2018·Appeal decision

A man with a head injury was told by an A&E receptionist he would wait four to five hours, left after 19 minutes, and collapsed at home with a brain bleed. The Supreme Court held the hospital owed him a duty not to give misleading information about waiting times and that his leaving did not break the chain of causation.

An NHS trust's duty of care in A&E starts at the reception desk, and wrong information given by non-clinical staff can found a negligence claim.

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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