Davies v University Hospital of North Staffordshire NHS Trust & Anor
2014
QUEEN’S BENCH DIVISION
United Kingdom
CORAM
- MR JUSTICE LEWIS
Areas of Law
- Tort Law
- Health Law
- Evidence Law
2014
QUEEN’S BENCH DIVISION
United Kingdom
CORAM
AI Generated Summary
The case involves Tracy Davies, who suffered from severe headaches and visited North Staffordshire Hospital in January 2001, but did not receive a brain scan which could have detected a tumor. The court held that the doctors were not negligent because they acted in line with a responsible body of medical opinion, diagnosing sinusitis and prescribing appropriate treatments based on the information available at the time.
Judgment
Mr Justice Lewis:
INTRODUCTION
This is the determination of a preliminary issue as to whether or not the First Defendant, the University Hospital of North Staffordshire NHS Trust, breached its duty to exercise reasonable skill and care in the treatment of the Claimant, Tracy Davies. The central issue is whether the First Defendant was negligent in failing, either on 6 January 2001, or the 28 January 2001, to arrange for a brain scan for Tracy, or in failing to arrange for paediatric follow-up at which a brain scan would have been considered or arranged. In fact, Tracy had a tumour on the brain and if a scan had been carried out in January 2001, that tumour would have been detected then.
Tracy was 9 years old at the material time in 2001. She attended the accident and emergency unit of North Staffordshire Hospital (“the hospital”) and was referred to the paediatric ward on both 6 and 28 January 2001. She was seen by a senior houseman on 6 January 2001. It has not been possible to identify that doctor. Tracy was seen by a Dr Rao on 28 January 2001. With the passage of time it has not been possible to trace Dr Rao. I have not, therefore, heard evidence from the two doctors concerned. The notes of the Claimant’s general practitioner and the medical notes prepared by the hospital were in evidence.
I heard evidence from the Claimant’s mother, Mrs Davies. I heard evidence from Dr SP Conway on behalf of the Claimant. Dr Conway practiced as a consultant paediatrician between 1988 and April 2013. Prior to his retirement, he practiced in the field of general paediatric medicine but with a special interest in infectious diseases, immunology and respiratory medicine. His work included work at general paediatric outpatient clinics and he had responsibility for patients after admission and responsbility for follow-up treatment for such patients. I also heard evidence from Dr IZ Kovar on behalf of the First Defendant. He had been a full-time consultant between 1984 and 2011 in paediatric and perinatal medicine. More than 50% of his time was, in practice, spent on general paediatric medicine. His responsibilities included responsibilities for admission and management of patients to hospital and for general clinics. He had been responsible for establishing a paediatric centre at Chelsea and Westminster Hospital. From 2011, Dr Kovar had been a part-time consultant in paediatric medicine attending clinics for one week in four.
First, this judgment deals with th