MDDUS has achieved a significant legal victory, successfully defending a high value and complex clinical negligence claim brought against one of its members.
The case, heard in the High Court, concerned allegations surrounding post-operative care following a sleeve gastrectomy, specifically a decision to undertake balloon dilatation.
Emma Parfitt, MDDUS Deputy CEO and General Counsel, said: “This result sends a clear message that we are fully prepared to defend our members in court when the case requires it.
“This victory illustrates how we will safeguard their professional reputation with expert support at one of the most challenging times in their professional careers.”
The court’s decision emphasises the importance of the reliability of both factual and expert witnesses in clinical negligence proceedings.
The claimant abandoned allegations relating to the consent process before the original surgery and instead proceeded to trial on the criticism surrounding the post-operative care.
However, the court’s judgment was clear that the surgeon and his team were reliable and credible witnesses, and its multidisciplinary team model was a perfectly proper system for sharing information. All allegations of negligence made against our member, an Upper GI and Bariatric surgeon, were dismissed.
In delivering the ruling, the court highlighted the importance of the reliability of factual evidence. It underlined how crucial is it for defendants to properly record patient interactions across a multidisciplinary team.
While the claimant’s credibility was not criticised by the Judge, he preferred the factual evidence presented by the defendant.
This outcome, reached in conjunction with our expert panel law firm, Clyde and Co LLP, reaffirms the importance of maintaining detailed and accurate medical records and providing clear, unembellished evidence to the Court.
ENDS
The Medical and Dental Defence Union of Scotland (MDDUS) is a mutual organisation that protects the professional interests of more than 65,000 doctors and dentists across the United Kingdom, offering access to indemnity, support and legal advice.
For further information please contact Alison Hardie, Head of Public Affairs and Strategic Communications on ahardie@mddus.com
This page was correct at the time of publication. Any guidance is intended as general guidance for members only. If you are a member and need specific advice relating to your own circumstances, please contact one of our advisers.