Sutcliffe v BMI Healthcare Limited (CA)
18 May 2007
[2007] EWCA Civ 476; (2007) 98 BMLR 211
In the Court of Appeal Susan Rodway and Vikram Sachdeva successfully defended a private hospital in Windsor against a claim in clinical negligence from a seriously brain-damaged patient.
The court held that the judge had been entitled to conclude that the patient would have been rousable throughout his time asleep, the nurses had been entitled to let the patient sleep at night, and there was nothing the hospital could reasonably have done to prevent the brain damage.