Clinical Negligence

On the 5th December 2013 the Supreme Court of Gibraltar gave judgment in favour of the widow of a patient who died whilst in the care of the Gibraltar Health Authority in 2004, (R –v- GHA).
The Health Authority had admitted breach of duty but contested causation claiming that the patient’s underlying condition would, on a balance of probabilities, have led to his death.  The defence was rejected by the Court.
The case involved complex medical issues relating to the continuum of septicaemia and the Court heard the evidence of specialists in the field.  Charles Gomez acted as Counsel for the successful Claimant and was assisted by Ms Lydia Jackson, a solicitor with the Firm.  Dr Louise Teare provided expert medical evidence.
The Court awarded substantial damages for loss of dependency to the widow and the three children of the marriage.