Gardner (on his own behalf and as widower and Personal Representative of the Estate of Suzanne Gardner Deceased) v Northampton General Hospital NHS Trust

Negligence – Damage. The deceased was admitted to the accident and emergency department of the defendant hospital, she died and her husband, the claimant brought a claim on behalf of her estate. The defendant admitted some of the breaches of duty pleaded but maintained that the deceased would have died even if there had been earlier diagnosis and she had received reasonably competent treatment within the time available. The Queen's Bench Division held that had the deceased been treated non-negligently during and following her arrival at the hospital, she would probably have survived.