§ 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

44

With the sum stated

13

Claimant succeeded

26

Claim failed

16

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AllSum statedClaimant succeededClaim failed
Every claim typeClinical Negligence (1)Surgical Errors (3)Cerebral Palsy (8)Birth Injuries (1)Misdiagnosis & Delayed Diagnosis (1)Erb's Palsy (1)GP Negligence (4)Maternal Birth Injury (2)Stillbirth & Neonatal Death (1)Neonatal Injury (1)Sepsis Negligence (3)Cauda Equina Syndrome (2)DVT & Blood Clot (1)A&E Negligence (3)Cancer Misdiagnosis & Delayed Diagnosis (1)Orthopaedic Negligence (2)Vascular Negligence (1)Cardiac Negligence (1)Brain & Spinal Surgery Negligence (1)Anaesthetic Negligence (2)Fatal Medical Negligence (4)
Claim failed

Julia Tosh v Vivek Gupta

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

The claimant developed anal stenosis after a private haemorrhoidectomy and argued her haemorrhoids had been over-graded, non-surgical options were not discussed and the stenosis risk was not explained. The judge found the grading was correct, alternatives were discussed and the risk was disclosed on the consent form and in the information leaflet, so the claim was dismissed.

Documented consent, including a signed form and a written leaflet naming the specific complication, can be decisive in defeating a Montgomery consent claim.

Claim failed

Philippa Caroline Deakin-Stephenson v Nebil Behar and Chelsea and Westminster Hospital NHS Foundation Trust

[2024] EWHC 2338 (KB)·2024·Liability decided at trial

Admitted with perforated diverticulitis, the claimant had a laparoscopic washout and deteriorated about 36 hours later, needing an emergency Hartmann's procedure with a stoma and intensive care. She alleged she had asked for a colorectal referral, was improperly moved to private care and was not properly consented, but the judge found none of this proved and dismissed the claims against both the surgeon and the trust.

Consent disputes turn on evidence of what was actually discussed; where the records and the surgeon's account show the alternative procedure was explained, a claim based on inadequate consent is likely to fail.

Claim failed

David John Saunders v Central Manchester University Hospitals NHS Foundation Trust

[2018] EWHC 343 (QB)·2018·Liability decided at trial

Five days after surgery to reverse his ileostomy the 60-year-old claimant developed sepsis and his whole colon had to be removed because its blood supply had failed. He alleged the surgeon had damaged the marginal artery, but Yip J was not satisfied that the injury was caused by negligence rather than a naturally occurring clot.

A serious complication after bowel surgery is not itself proof of negligence; the claimant must show on the balance of probabilities that a surgical error, rather than an unavoidable event, caused the harm.

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.