Key Clinical Negligence Cases of 2024: A Year in Review
As 2025 gets going in earnest, I wanted to take a moment to reflect on some of the key clinical negligence cases of 2024. This past year has seen several significant clinical negligence rulings, clarifying key legal principles and shaping the way future claims will be handled. From apportioning liability between defendants to the legal test for pure diagnosis cases, these cases provide essential guidance for legal practitioners, healthcare providers, and insurers alike.
Below is a roundup of some of the most notable clinical negligence cases of the year, with links to more detailed analyses from expert commentators.
1. Apportionment of Liability in Part 20 Contribution Claims
Case: Healey v McGrath and Ramsay Healthcare UK Operations Ltd [2024] EWHC 1360 (KB)
This case examined how liability is shared between multiple defendants in a Part 20 contribution claim.
Read the full analysis
2. The Legal Test for Pure Diagnosis Cases
Case: Spellman v Portsmouth Hospitals University NHS Trust [2024] EWHC 2011 (KB)
This case clarified the legal principles for claims based purely on a failure to diagnose.
Read the full analysis
3. Assessing Witness Reliability vs. Medical Records
Case: MJF v University Hospitals Birmingham NHS Foundation Trust [2024] EWHC 3156 (KB)
The court considered how to assess witness reliability when testimony conflicts with medical records.
Read the full analysis
4. The Importance of Pleading a Positive Defence
Case: Man v St George’s University Hospital NHS Foundation Trust [2024] EWHC 1304 (KB)
This case reinforced the principle that a defendant must explicitly plead any positive defence rather than relying on general denials.
Read the full analysis
5. Article 2 and Clinical Negligence: The “Very Exceptional Circumstances” Threshold
Case: Sammut and ors v Next Steps Mental Health Care & Greater Manchester Mental Health NHS Foundation Trust [2024] EWHC 2265 (KB)
The court reaffirmed that Article 2 ECHR (right to life) is not generally engaged by allegations of negligent medical care unless exceptional circumstances apply.
Read the full analysis
6. Changing Experts in Clinical Negligence Cases
Case: Alan Prescott-Brann v Chelsea and Westminsters Hostpital NHS Foundation Trust & Anor [2024] EWHC 3314 (KB)
The court clarified the circumstances in which a claimant can change experts, distinguishing legitimate changes from ‘expert shopping.’
Read the full analysis
7. Determining Factual Disputes in Clinical Negligence Cases
Case: SD v (1) AR (2) JT [2024] EWHC 2444
This case provided key insights into how courts assess and resolve conflicting factual evidence in clinical negligence disputes.
Read the full analysis
8. Claimant’s Refusal to Undergo Medical Examination
Case: Samantha Clarke-Barnes v. (1) Matthew Poole; (2) Andrej Borisenkov & (3) Great Lakes Insurance SE [2024] EWHC 1509 (KB)
The court considered when a claimant’s refusal to undergo medical tests may justify a stay in proceedings.
Read the full analysis
9. Secondary Victims in Clinical Negligence Claims
Case: Paul and Others v Royal Wolverhampton NHS Trust and Others [2024] UKSC 1
This Supreme Court case provided crucial clarification on the scope of secondary victim claims in medical negligence claims.
Read the full analysis