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Historic clinical negligence claim

Personal Injury Compensation

Historic clinical negligence claim

CNZ (Suing by Her Father and Litigation Friend, MNZ) v Royal Bath Hospitals NHS Foundation Trust (1) The Secretary of State for Health and Social Care (2) [2023] EWHC 19 (KB)

For a variety of reasons, claims involving birth injuries can be made many years after the event which led to the alleged damage, by which time the personnel involved in the defendant organisation will almost certainly have changed from those whose actions are under scrutiny. An example has recently been reported in the case discussed here, which involved an incident that had occurred in 1996, the facts of which are outlined below. Some aspects of the case are very interesting, particularly the approach of the judge to issues concerning informed consent to treatment and causation.

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