Case comments

Clinical negligence claims are fact specific; the interest often arises out of the facts rather than the application of established principles of law. The interest in this case arose out of the occurrence of ischaemic colitis “as an albeit rare but known complication from the taking of NSAIDs” to control dental pain. The primary injury to dentition was valued at £11,410. The consequential injury of ischaemic colitis was valued at £30,000.

Ischaemic colitis was not a complication of the primary injury but of the management of pain so caused. As such it was a recoverable head of damage in accordance with conventional negligence principles.

Author: Doctor Anthony Barton

Dr Anthony Barton qualified as a doctor in 1981 and switched to law in 1992. Anthony also co-edits the leading text “Clinical Negligence” with the sixth edition having recently been published. He is also a former assistant coroner and joint owner of Medical Negligence Team Law.