Neil Davy succeeds in Supreme Court case concerning the scope of duty principle in clinical negligence claim
18th June 2021
Khan (Respondent) v Meadows (Appellant) [2021] UKSC 21
Neil acted in the Supreme Court in a claim arising from the wrongful birth of a child born with both haemophilia and autism, in circumstances where the Respondent GP had negligently advised in relation to the risk of the child being born with haemophilia (but not in relation to the risk of autism). The case concerned the sole legal issue of whether the scope of the GP’s duty extended to the costs associated with the autism.
Judgment was handed down today in favour of the Respondent. The Supreme Court was unanimous in rejecting the Appellant’s appeal and laid down a new approach to analysing liability in clinical negligence cases.
Neil acted alone for the Defendant at first instance and as junior before the Court of Appeal and the Supreme Court. He was instructed by Greg McEwen of BLM.
A summary of the case can be found here.
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