Every one a published decision of the courts of England and Wales, linked to its source. Four losses and four wins.
Claimant succeeded
[2019] EWHC 283 (QB)·2019·Liability decided at trial
A woman with a previous pulmonary embolism saw her GP with chest pain and breathlessness and was diagnosed with a strained muscle; she died the next morning. The GP admitted he should have referred her to hospital, and Stewart J found she would on the clear balance of probabilities have survived with anticoagulation and monitoring.
Chest pain and breathlessness in someone with a past clot is a red flag needing same-day hospital referral. Where survival chances on admission would have been very high, the court will find the death was caused by the failure to refer.
Claim failed
[2022] EWHC 949 (QB)·2022·Liability decided at trial
A former lorry driver with a history of pulmonary embolism attended A&E and clinics in 2015 with chest pain and calf symptoms; the Trust admitted it should have done a Wells score and imaging at the first visit. The judge found he did not actually have a clot on that date and that the later reduction of his apixaban was not negligent, so the claim failed.
An admitted failure to investigate only leads to compensation if the investigation would have found something. Normal D-dimer results were decisive evidence against a missed clot.
Mixed outcome
[2024] EWHC 3318 (KB)·2024·Liability decided at trial
After spinal surgery the hospital failed to give Ms Tuffin the prescribed anti-clotting injection, and she developed a deep vein thrombosis and post-thrombotic syndrome; three years later her leg was amputated above the knee. The judge held the trust liable for the DVT and its after-effects but found the amputation was caused by complex regional pain syndrome from the surgery itself, not the clot.
A missed dose of thromboprophylaxis that causes a DVT is negligent, but compensation covers only the harm the clot actually caused. Where a separate condition drives the worst outcome, the claimant must show the negligence at least materially contributed to it.
Claimant succeeded
[2022] EWHC 1171 (QB)·2022·Liability decided at trial
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.
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.
Claimant succeeded
[2026] EWCC 26·2026·Liability decided at trial
A theatre nurse with worsening palpitations saw a hospital physician who admittedly failed to arrange 24-hour ECG monitoring. The judge found monitoring would have caught her atrial fibrillation in time for anticoagulants to prevent the stroke she suffered.
Palpitations that keep coming back need proper heart-rhythm monitoring. Where a missed test would have led to blood-thinning treatment, a later stroke can be laid at the hospital's door.
Claim failed
[2024] EWHC 1800 (KB)·2024·Liability decided at trial
A widower claimed that doctors at Southampton General misdiagnosed his wife's rare cerebral venous thrombosis as a stroke, gave her clot-busting drugs and delayed the correct treatment, leading to her death. The judge found the clinicians acted reasonably on the presentation and that even earlier correct treatment would probably not have saved her.
A tragic outcome after a rare condition is missed does not by itself prove negligence; the question is whether a reasonable body of doctors would have acted the same way on the information available. Causation must be proved separately.
Claim failed
[2023] EWHC 3163 (KB)·2023·Liability decided at trial
Ms Beatty, in hospital with severe cellulitis, developed ischaemic toes; a vascular surgeon diagnosed vasculitis rather than an embolism and did not order a CT angiogram, and she later needed a below-knee amputation. The judge found the surgeon's diagnosis was supported by a responsible body of medical opinion and dismissed the claim.
A diagnosis that turns out to be wrong is not automatically negligent; if a responsible body of specialists would have reached the same view on the information available, the claim fails under the Bolam test.
Claimant succeeded£150,000
[2018] EWHC 3461 (QB)·2018·Liability decided at trial
A woman with learning difficulties lost her arm and leg to blood clots in 2012 after several doctors and a hospital failed to spot a blocked artery. Martin Spencer J found only Dr Jackson negligent and causative, and only for the arm, awarding the agreed £150,000.
Where several clinicians see a deteriorating patient, the court examines each contact separately. Compensation was limited to the injury that the negligent consultation could actually have prevented.