These are Part 20 contribution proceedings under the Civil Procedure Rules 1998 (“CPR”), following the compromise of a clinical negligence claim (the “main claim”). [3]
Mr Healey died as a result of the negligence of both defendants following a right hemicolectomy (surgical) procedure at the Ramsay Berkshire Independent Hospital (the “Hospital”) in August 2017. Mr McGrath is a Consultant General Surgeon, and performed the surgery on 1 August 2017. After what is called an anastomosis leak and resulting sepsis, tragically Mr Healey died on 10 August 2017. [4]
Mr McGrath breached his duty of professional care towards Mr Healey and was thus negligent. Ramsay is liable for the admitted negligence of its employed nursing and auxiliary staff at the Hospital… [5]
Due to the failures in the care that her husband received, Mrs Healey brought a fatal claim… Ramsay settled the main claim with the main claimant on a unilateral basis for £1.2 million plus reasonable costs (subsequently agreed at £417,500), CRU (£nil) and NHS charges (£2,704). Ramsay reserved its position about a contribution claim. Previously, on 18 December 2020, Ramsay had served a contribution notice on Mr McGrath seeking indemnity or such contribution as is just and equitable. [6]
Both defendants have admitted liability. Therefore, there must be as a matter of logic some proportion of liability attributed to each of them. [23]
In this case, Mr McGrath is liable for 75% of damages and his conduct and negligent failures were the principal causative element leading to death. [36(6)]
In summary, the orders of the court are as follows, all costs to be assessed on a standard basis if not agreed:
(1) Mr McGrath to pay Ramsay 75% of the agreed damages compromised for
£1,200,000;
(2) Mr McGrath to pay Ramsay 75% of the £417,500 costs paid by Ramsay to
the claimant;
(3) Mr McGrath to pay Ramsay one third of Ramsay’s costs defending the
main claim;
(4) Mr McGrath to pay Ramsay 100% of its Part 20 contribution proceedings
costs. [40]
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