D v NHS CB & R
Six-day trial (Judgment handed down on 27.06.19)
Lionel Stride successfully defended a claim brought against an ophthalmologist who was alleged to have failed to identify a posterior retinal detachment at two separate examinations, leading to sudden deterioration in vision, emergency surgery and permanent visual defects. Breach of duty, causation and quantum remained in dispute.
Evidence was heard from five different experts at trial. HHJ Walden-Smith, sitting in her capacity as a High Court Judge, found that the Second Defendant had not acted in breach of duty in respect of the first examination (there having already been a limited admission of breach of duty by the First Defendant in respect of the second examination); and that, in any event, the retinal detachment had occurred rapidly after both of his examinations.
Judgment can be viewed here.