Anthony Daniel Mulholland v Medway NHS Foundation Trust (2015)

[2015] EWHC 268 (QB)

QBD (Green J) 12/02/2015

NEGLIGENCE - PERSONAL   INJURY - HEALTH

ACCIDENT AND EMERGENCY   DEPARTMENTS : BREACH OF DUTY OF CARE : CAUSATION : CLINICAL NEGLIGENCE :   DELAY : DIAGNOSIS : DOCTORS : STANDARD OF CARE : TRIAGE NURSES

Where there had been a three-month delay in diagnosing and treating a patient's brain tumour, a doctor in a hospital's accident and emergency department had not been negligent in relying on the professional opinion of others involved in the overall process of assessing the patient, since her decision-making had to be seen as one part of the chain of decision-making which routinely operated   within the department. The standard of care owed by an accident and emergency doctor had to reflect the reality of what could reasonably be expected in a pressurised environment, without ready access to leading experts or time to conduct research.