MDDUS, the medical defence specialist, has announced a significant legal victory, successfully defending a clinical negligence claim worth over £2.7 million brought against one of its emergency surgeon members.
The case, heard in the High Court, involved allegations of failing to obtain proper consent for surgery and a failure to refer the claimant for a second opinion from a colorectal surgeon. However, the Court’s judgment was clear: the emergency surgeon was found to be an honest and reliable witness, with contemporaneous medical records providing critical support to their defence. All allegations of negligence were dismissed.
In delivering the ruling, the Court highlighted “story-creep” in the claimant’s evolving narrative, which misrepresented the events. This judgment reaffirms the importance of maintaining detailed and accurate medical records and providing clear, unembellished evidence to the Court– central to MDDUS’s successful defence.
Commenting on the case, MDDUS Director of Professional Services and General Counsel, Emma Parfitt said: “This outcome demonstrates our steadfast commitment to our members. We are on their side, and this result sends a clear message that MDDUS is fully prepared to defend our members in court when the case requires it.
“This case provides a clear reference point for medical defence, setting a precedent that will be referenced for years to come. Every organisation concerned with defending the medical profession can point to this case as an example of the importance of record-keeping.
“At MDDUS, we stand with our members during the most challenging times of their professional careers. This victory reinforces our role in safeguarding their professional reputation and ensuring they have the support they need.”
ENDS
The Medical and Dental Defence Union of Scotland (MDDUS) is a mutual organisation that protects the professional interests of more than 65,000 doctors and dentists across the United Kingdom, offering access to indemnity, support and legal advice.
For further information please contact Lisa Walker, communications manager, on lwalker@mddus.com or 07976 886552.
This page was correct at the time of publication. Any guidance is intended as general guidance for members only. If you are a member and need specific advice relating to your own circumstances, please contact one of our advisers.