Hewes v West Hertfordshire Hospitals NHS Trust & Ors [2018] EWHC 1345 (QB) (05 June 2018)

Application for summary judgment that the claim against the Third Defendant be struck out…

The case against the Third Defendant was that having suspected cauda equina syndrome he failed to refer the Claimant directly to the on call orthopaedic team at Watford General Hospital thereby by-passing A&E and avoiding delay caused by assessment and referral to the orthopaedic team. (paragraph 8)

In the circumstances, given the admissions policy document to which I have previously referred, giving rise to the possibility of direct admission to the Orthopaedic department, there is a potential issue of fact which could be resolved in the Claimant’s favour. I think it unlikely it would be resolved in the Claimant’s favour given [orthopadeic surgeon’s] evidence, however I am unable to say there is no realistic chance of success on this issue. In the circumstances I would not have granted summary judgment on the issue of factual causation. (paragraph 69)