Again I will return to this in due course. The Ministry of Defence Architecture Framework (MODAF) is an internationally recognised enterprise architecture framework developed by the Ministry of Defence (MOD) to support defence planning and change management activities. She and Mr East went to Kenya on holiday between 24 September and 9 October 2000. In the event he did not proceed further because the Claimant could not be settled sufficiently. Bailey v Ministry of Defence [2008] EWCA Civ 883 is an English tort law case. Livingstone v Ministry of Defence [1984] Lloyd v Dugdale [2002] Lloyd v Grace, Smith & Co (1912) Lloyd v McMahon [1987] Lloyds Bank v Carrick [1996] Lloyds Bank v Rosset [1989] Local Government Board v Arlidge [1915] Localbail v Bayfield Properties [2000] Lodgepower v Taylor [2004] Lombard North Central v Butterworth [1987] Check you’re ready for 2021. It will be necessary to consider the impact of this condition on the Claimant's general well-being, but the fact that it was undiagnosed at this stage is not criticised. Click here to remove this judgment from your profile. 33. The foregoing is merely a summary of the position at that time. This was one possible cause of the retrolental fibroplasia (RLF) from which he suffered and which resulted in his blindness. In particular he asserted that there should be no distinction drawn between medical negligence (where there has been a material increase in risk) and employer liability cases. 10. CaseCheck That is what occurred here. When he discussed the position with his colleague who had provided a report for the Second Defendant (Professor Sacks), he modified his view to accept that she would have gone on to suffer renal failure and would have required dialysis in any event (presumably on the basis of the pancreatitis), though he maintained the position that she would have been less ill and would have sustained a lesser degree of renal impairment if she had been properly resuscitated. She was critical. Cited – Church v Ministry of Defence QBD (Unreported, 23 February 1984, (1984) 134 NLJ 623) The 62 year old claimant sought damages after working in in the defendant’s dockyard and being exposed to asbestos. She had suffered acute and severe pancreatitis throughout the same period and, on any view, the effect of that must have played a part in her continued weakness as at 26 January. The net result of the ERCP was that there could be no certainty that the blockage had been cleared, no stent had been inserted, the Claimant had been heavily sedated and she had lost considerable blood. She later developed pancreatitis (which was not related to the hospital’s poor treatment). The doctor summoned to deal with the matter never received the summons due to a low battery on her bleep. Certainly on this issue, I prefer and accept Dr Dickinson's view. Rushmi Sethi | Personal Injury Law Journal | November 2017 #160. When she was operated on in the early hours of 16 January (see paragraphs 28 and 29 above) the surgeon noted 'severe pancreatitis'. 52 (1886) 12 App Cas 41. He described it by saying that the body goes into a hyperdynamic state and breaks down muscle mass as a fuel for itself. ERCP is a procedure used to diagnose and treat conditions of the bile ducts, liver, gall bladder and pancreas. Share. 64. The Ministry of Defence admitted primary liability in February 2003. I will say more about it in detail shortly, but in essence it is that the alleged negligent treatment whilst at the Royal Haslar Hospital left her so significantly weakened that it caused or materially contributed to the cardiac arrest. It lasted approximately 90 minutes before it was abandoned. However, according to the operation note, a further 6 mg of Hypnovel was administered at 17.28. Otherwise, it is a multiple potential cause situation, like Wilsher, in which a causal link cannot be forensically identified. As I understand it, the pathophysiological process involved is that the digestive enzymes that normally do not become active in digesting food until they reach the small intestine begin acting upon the walls of the pancreas itself. March 2003 Facts . The minister praised the bravery of the elite forces and addressed the commandoes. Whilst Mr Scurr, looking at things from the perspective of a surgeon, would have favoured an immediate surgical approach by way of laparotomy, I think that the most favoured approach in the circumstances would have been a further endoscopy under general anaesthetic. It was an unfortunate, but non-negligently caused, complication of that procedure. By contrast Marc Staunch has been critical of "hairline distinctions" that the case law has given rise to, but focused some of his criticism on Waller LJ's universal approach, saying. Often they are entirely benign, remain within the gall bladder and cause no symptoms. Even leaving out of account the independent effect of the pancreatitis, it defies all common sense to say that she had recovered from the effects of all that by 26 January. Find out about us, our structure, groups, disclosures and services. Miss Grannia Geraldine Bailey went on a holiday to Kenya with her fiance in late September 2000. I use the word 'intervention' to encompass a number of options to which I will refer below. A quick discussion of: Matthews v Ministry of Defence [2003] UKHL 4, [2003] 1 All ER 689. The Claimant was treated negligently but also had pancreatitis. TORT – VICARIOUS LIABILITY – EMPLOYER’S RELATIONSHIP WITH THE PRIMARY TORTFEASOR. The operation took place at a time when the full impact of her acute pancreatitis (see paragraph 32 et seq below) was also being felt. 17. Citation. 50. Wilsher v. Essex Area Health Authority needs consideration in this context. 32. Read the full decision in Mr T Bailey v Ministry of Defence: 1403957/2018 - Dismissal. The patient is sedated and asked to swallow the first section of the endoscope (a thin flexible fibre-optic telescope). ... See also Bailey v Ministry of Defence, below n 75. R S. Rushmi Sethi examines clinical negligence claims concerning childbirth injury Why should it be said that such a component was totally eclipsed by a component attributable to the pancreatitis? Is there a sufficient causal link between that overall weakness and the established negligence that occurred over 11 12 January? The First Defendant's case is that it could only have been that that had any bearing on her weakness at that time, the events of 11 and 12 January being too remote for it to have had any material influence. He said that by 13 January it was a "no-brainer" that there should have been further intervention. The cases linked on your profile facilitate Casemine's artificial intelligence engine in recommending you to potential clients who might be interested in availing your services for similar matters. The operator then guides the endoscope to the desired destination by watching its path through the eyepiece or on an associated television monitor. 15. This means feeding the patient by tube and, of course, monitoring closely all other functions. He had said in his initial report that her ability to 'swallow safely and thus protect the airway' would have been disabled, a theme he took up when explaining how the epiglottis or larynx could be weakened in this way. Bile, which is made in the liver, is stored in the gall bladder awaiting the ingestion of food. Causation in the Court of Appeal' (2009) 125, Marc Stauch, '"Material contribution" as a response to causal uncertainty: time for a rethink' (2009) 68(1). I must now turn to what happened at the time of the cardiac arrest and endeavour to draw together my conclusions as to what caused or contributed to it. The extract from the judgment of Sir Nicolas Browne-Wilkinson V-C was quoted in the opinion of Lord Bridge at page 1090: 59. 58. So much was agreed by Dr Dickinson and Dr Goodman when they (together with a Dr Anderson who had reported for the Second Defendant) discussed the case. Group Captain Watkins admitted that had the Claimant been treated as she should have been overnight, she would have been significantly better off the following morning such that she would have been in a better condition and fitter for a further procedure. He held that where the "but for" test of causation cannot be satisfied because of some uncertainty, it is relaxed and a claimant will succeed in getting compensation if the defendant materially contributed to the cause of the injury. It follows that there must be judgment for the Claimant with damages to be assessed. I accept it as a matter of fact. There were other criticisms made of what was (or, more accurately, what was not) done overnight, but the substantive criticism is the lack of fluid replacement therapy. If an INR is too high then there is a risk of uncontrolled bleeding. This is inflammation of the pancreas. Read the full decision in Mr T Bailey v Ministry of Defence: 1403957/2018 - Dismissal. 16. The doctor summoned to deal with the matter never received the summons due to a low battery on her bleep. She later developed pancreatitis (which was not related to the hospital’s poor treatment). 23. Bailey (by her father and litigation friend) v Ministry of Defence and another – WLR Daily. She was commenced on dialysis on 17 January. A jury has been sworn in in the trial of a former defence worker accused of breaching the Official Secrets Act. 3 6 days to go. Professor Williams had said in his initial report that the probable scenario was that the Claimant had fallen asleep, vomited and then aspirated causing the subsequent cardiac arrest. I will return later to the issue of the extent to which there was remaining by 26 January (the day of the cardiac arrest) a relevant component of her overall condition that was attributable to that failure. The essential question arises, of course, as to why she should have aspirated the vomit and not reacted in the normal way and cleared her airway by coughing and discharging the vomit from it. Its view had been obscured by considerable bleeding during the procedure. 34. She got worse. 44. Mulcahy v Ministry of Defence, (1996) QB 732. The appellant was visibly upset and Mr Harrison invited him in and they had a cup of tea and discussed the situation.The appellant was diabetic and had taken insulin but had not eaten. Creating your profile on CaseMine allows you to build your network with fellow lawyers and prospective clients. Fairchild v Glenhaven Funeral Services Ltd, Sarah Green, 'Contributing to the risk of confusion? 13. 38. I am satisfied, on the balance of probabilities, that she had not and that she was weakened as a result. Group Captain Watkins noted, both in his handwritten note and the typed note the following day, that his view was obscured and consequently he could not be sure that the stone had been removed (because he never saw it), but he thought that it probably had been removed. The Claimant was treated negligently but also had pancreatitis. Bailey v Ministry of Defence EWCA Civ 833 In this case, ‘material contribution’ to damage was adopted as the appropriate causal test under the circumstances. She was treated at a hospital when she returned, but wasn't treated very well. But he went into a "downward spiral" … 11. 27. For the previous twelve days she had been an inpatient in the Intensive Therapy Unit (ITU) at the Queen Alexandra Hospital, Portsmouth, to which hospital she had been transferred following treatment at the Royal Hospital Haslar in Gosport. R v Bailey Crim LR 353 Court of Appeal The appellant went to the house of his ex-lover's new partner, Mr Harrison. The facts were relatively straightforward: Ms Bailey was originally admitted to the Royal Haslar Hospital (for which the Ministry of Defence were responsible), on 9th January 2001 where, subsequently she underwent an unsuccessful procedure to remove a gallstone. A repeat ultrasound scan on 5 January 2001 showed a markedly dilated common bile duct at the head of the pancreas where it was thought that there was probably a gallstone. However, for reasons which I will give shortly, I do not think that whether dialysis was or was not required represents the full answer to the causation issue that lies at the heart of this particular piece of the dispute between the parties. Cassidy v Ministry of Health [1951] 2 KB 343. As I have indicated, that bleeding (even significant bleeding) can occur as a result of the procedures involved in an ERCP, particularly a sphincterotomy, is a well-recognised complication and not necessarily indicative of negligent performance of the procedure. Contains public sector information licensed under the Open Government Licence v3.0. 41. Check you’re ready for 2021. Pleural plaques were apparent on X-ray and the pleura would constrict the lung and induce breathlessness; and the asbestos must have . Hotson v. East Berkshire Area Health Authority [1987] AC 750. Get 1 point on providing a valid sentiment to this Authors; Librarians; Editors When the Claimant's gall bladder had been made the subject of an ultrasound scan on 13 November 2000 gallstones were found, but there was no evidence of bile duct dilatation. Before confirming, please ensure that you have thoroughly read and verified the judgment. 8 Except to counter a defence of contributory negligence at common law: see Wakelin v London and South Western Railway Co[1896] 1 QB 189, per Brett MR at 190. That is true, but it is clear that his essential position was that a stent should have been inserted during the ERCP on 11 January. Bailey v Ministry of Defence [2008] EWCA Civ 883 Waller LJ : .. View all articles and reports associated with Bailey v Ministry of Defence [2008] EWCA Civ 883. Cue Bailey v Ministry of Defence 1 WLR 15. The case received some quick comment. He would, I think, share the view of Dr Ryan (a Consultant Anaesthetist and Clinical Physiologist with specialist experience in intensive care) and Dr Dickinson, both of whom said that she should have been given 1-1 litres of fluid initially and maintenance volumes thereafter. I have referred to the impact on renal function that pancreatitis can have. Cue Bailey v Ministry of Defence 1 WLR 15. He said that the severity of the Claimant's illness initiated a process of severe catabolism which he believed would have been reduced markedly if she had been dealt with promptly and appropriately on 11 and 12 January with the avoidance of the debilitating treatment she received over the next few days as a result. But she started to look better and was moved to the renal ward. It was sufficient for Group Captain Watkins to note in handwritten form immediately after the procedure finished that the Claimant would 'need close observation and possibly transfusion.' Vitamin K was prescribed to assist in restoring her coagulation. Interact directly with CaseMine users looking for advocates in your area of specialization. Authors; Librarians; Editors The pancreatitis was unrelated to the negligent care. He did accept in cross-examination that he could not be sure that the bleeding had stopped and that he had some anxiety in that regard. However, it would have avoided the PTC which, as a matter of fact, resulted in a tear to the liver with consequent further extensive bleeding. 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