§ CASE LIBRARY

Real medical negligence cases,
every one linked to the judgment.

Published judgments of the courts of England and Wales, summarised in plain English: what went wrong, what the court decided, and the sum where the judgment states it. We include the claims that failed as well as the ones that succeeded, because they show what you have to prove.

Judgments

152

With the sum stated

33

Claimant succeeded

87

Claim failed

59

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Settlement approved£3.85M

ERE v East Suffolk and North Essex NHS Foundation Trust

[2024] EWHC 2569 (KB)·2024·Settlement approved by the court

A 23-year-old mother was discharged after giving birth in July 2015, developed breathlessness and palpitations, and suffered a cardiac arrest after being readmitted, leaving her with severe hypoxic brain damage. The claim settled on the day the quantum trial was due to start and the court approved the package for her as a protected party.

Maternal claims are not limited to injuries during labour itself; a failure in care in the weeks after birth that causes brain injury can lead to a multi-million-pound settlement. Where the injured person lacks capacity, a judge must approve any settlement.

Settlement approved£2.5M

CTQ v King's College Hospital NHS Foundation Trust

[2023] EWHC 2975 (KB)·2023·Settlement approved by the court

A 37-year-old mother suffered a cardiac arrest because intravenous fluids were not given during spinal anaesthesia just after her daughter's birth, leaving her with a brain injury; the hospital admitted liability. The court used its inherent jurisdiction to approve a settlement worth roughly £5.56m including periodical payments.

Anaesthetic errors around delivery can found a maternal negligence claim even when the baby is unharmed. Courts can approve settlements for adults with cognitive impairment even where they have not formally been found to lack capacity.

Claimant succeeded£68,742

Rathore v Bedford Hospitals NHS Trust

[2017] EWHC 863 (QB)·2017·Damages assessed at trial

Swabs taken after childbirth showed chlamydia but neither the patient nor her GP was told, and it went untreated for about a year; she suffered repeated pain and an ectopic pregnancy requiring removal of a fallopian tube. The trust admitted breach; the court accepted the ectopic pregnancy and a period of pain disorder were caused by the negligence but rejected the claim that her later chronic widespread pain was.

Failing to pass on an abnormal test result is a clear breach, but the claimant still has to prove which later problems flowed from it. Long-term pain conditions are hard to attribute to a delayed diagnosis.

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.

§ HOW TO READ THESE

Most claims never reach a judgment. They settle privately, and settlement sums are confidential. Judgments surface when liability is disputed, when damages are fought over, or when a court must approve a settlement for a child or someone who lacks capacity. That is why approvals and damages trials are where the public figures come from.

Amounts are only what the judgment prints. Where a case shows a lump sum plus periodical payments, the yearly payments continue for life and can be worth far more than the lump sum. Where no figure is shown, the court decided fault but the money was settled or assessed elsewhere.

Plain-English guides built on these cases →

This guide is general information about the law in England and Wales, not legal advice about your case. ClaimGavel is run by Costart Projects Ltd on behalf of Tomlin & Partners, a specialist medical negligence firm regulated by the SRA. The free assessment on this page is an AI overview to show you roughly where you stand; a solicitor confirms the position in a free, no-obligation conversation.