Border v Lewisham and Greenwich NHS Trust (formerly South London Healthcare NHS Trust)

Medical Practitioner – Negligence. The claimant had attended at the accident and emergency department of one of the defendant NHS Trust's hospital. The doctor had inserted a cannula in her left arm, even though she had told him that there was a risk of oedema due to a recent procedure that she had undergone. The cannula site became infected, the claimant suffered a fairly serious case of oedema and was left with a permanent disability in her left arm. The county court judge dismissed her claim for clinical negligence. The Court of Appeal, Civil Division, held that the judge had failed to take to its logical conclusion his finding that the cannula had been inserted without the claimant's consent. That had been a breach of the doctor's duty of care. The matter would be remitted to resolve issues of causation.

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