Every one a published decision of the courts of England and Wales, linked to its source.
Claimant succeeded
[2015] EWHC 3540 (QB)·2015·Liability decided at trial
Mr Crammond went to A&E with four days of central chest pain radiating to both arms, but an A&E doctor streamed him to the same-day treatment centre on the strength of an essentially normal ECG without taking a history, and a GP there diagnosed gastritis. The judge held that a competent A&E doctor would have taken a short history and ordered tests that would have revealed his heart disease, avoiding the severe heart problems he suffered four years later.
An A&E doctor cannot rely on a normal ECG to send a chest-pain patient away without taking a proper history. Redirecting a patient to a lower-acuity service without assessing their risk factors can itself be negligent.
Claimant succeeded£340,000
[2023] EWHC 2986 (KB)·2023·Liability decided at trial
The Trust admitted it missed an aortic dissection that emergency surgery would probably have cured, and settled the fatal claim for £340,000. When the widow and children later sued for psychiatric injury from witnessing the death, the Trust tried to strike that out but withdrew after discovering the earlier settlement had never been court-approved.
Fatal claims involving children need court approval of any settlement or it may not bind them. A missed aortic dissection in a chest-pain patient was accepted as negligent and fatal.
Settlement approved£50,000
[2016] EWHC 500 (QB)·2016·Settlement approved by the court
The Trust admitted it negligently failed to diagnose the claimant's torn aorta for 20 days, but disputed that this caused his later stroke; the claimant accepted a £50,000 offer just before trial, months after it had expired. This ruling decides who pays the legal costs, applying the normal rules so the claimant pays the defendant's costs for the period after the offer lapsed.
Accepting a settlement offer late can cost a claimant heavily in legal costs even when negligence is admitted. A missed aortic dissection was accepted as negligent, but the disputed stroke was never proved.
Claimant succeeded£119,048
[2012] EWHC 1335 (QB)·2012·Liability and damages decided at trial
Paramedics attended Mrs Taaffe for severe chest pain, found it had subsided, took two ECGs (one flagged by the machine as abnormal) and left her to see her GP the next day; she died of a heart attack five days later. The judge found the paramedics failed to take a proper history or assess her risk factors and should have advised hospital attendance, where her condition would have been found and treated.
Ambulance crews owe a duty to take a proper history and weigh risk factors, not just current symptoms, before deciding not to convey a chest-pain patient. Where hospital assessment would have prevented the death, the ambulance trust is liable.
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.
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
[2004] EWHC 780 (QB)·2004·Liability decided at trial
Mrs Mellor had years of chest pain with strong cardiac risk factors; a hospital cardiologist wrongly described her exercise test as negative and discharged her, and she died of a cardiac arrest a year later. The judge found the discharge negligent but that the claimant could not prove she would have reached angiography and treatment in time, so the claim failed; the claims against the two GPs also failed.
Proving a doctor was negligent is not enough: the claimant must also show that proper care would have changed the outcome. Where the deceased would only have had routine priority for investigation, a claim can fail on causation even with a clear breach.
Claim failed
[2024] UKSC 1·2024·Appeal decision
Three families sought damages for psychiatric injury after watching a relative die from a condition that doctors had negligently failed to diagnose. The Supreme Court (Lord Burrows dissenting) held that doctors do not owe relatives a duty to protect them from the shock of witnessing a patient's death or medical crisis.
Relatives who develop a psychiatric illness from witnessing a loved one's death caused by medical negligence generally cannot claim as secondary victims. Their remedies are limited to the Fatal Accidents Act dependency and bereavement claims.