JAH v Dr Burne, Devonshire, Jackson, Yeovil District Hospital and NHS Foundation Trust [2018]

Facts:

• The claimant (JAH) had gone to A&E because she had lost feeling in her leg, was seen and after no action was taken, left for home.
• Within the next few months, her problem persisted and sought medical advice from three different GP’s, all of whom knew her situation well.
• In the coming weeks the claimant visited hospital a few more times.
• A blood clot formed in her arm as a result of undiagnosed illness and required her left arm to be amputated.
• Proceeding her arm amputation her condition deteriorated so quickly in her leg that too was forced to be amputated.

Problems:

• Should any/all of the GP’s have spotted the problems that resulted in the claimant’s amputations?
• If they are liable, who is more liable and what is the percentage split?
• Should the hospitals have done more when she was there?

Decision:

• The courts found that only one of the GP’s were negligent and that was because during a visit before the claimants amputations, the GP should have referred her for immediate review.
• As this did not happen, the arm was unnecessarily lost.
• The leg was found to have been irrecoverable in any case.
• The other GP’s were not negligent because at the time that they assessed the claimant, she did not need further medical intervention.
• She was awarded £150,000 in damages for her lost arm.