Healey vs McGrath and Ramsay Health Care

This case involved the apportionment of liability between a surgeon and a healthcare provider following the death of a patient due to medical negligence during a surgical procedure.

TLDR:

• Mr. Healey died following a surgical procedure performed by Mr. McGrath at Ramsay Health Care's hospital.
• Both Mr. McGrath and Ramsay Health Care admitted negligence.
• The court had to determine the apportionment of liability between the two defendants.
• The court found Mr. McGrath primarily responsible, attributing 75% of the liability to him.
• Ramsay Health Care was held liable for the remaining 25% due to failures by its nursing staff.

The claimant, Alison Healey, widow and executrix of the estate of Simon Andrew Healey, brought a claim following the death of her husband after a right hemicolectomy procedure performed by Mr. Daniel McGrath at Ramsay Berkshire Independent Hospital in August 2017. Mr. Healey developed an anastomosis leak leading to sepsis and subsequently died on 10 August 2017.

Mr. McGrath, a Consultant General Surgeon, was found to have breached his duty of professional care towards Mr. Healey. Ramsay Health Care was also found liable for the admitted negligence of its employed nursing and auxiliary staff, who failed to ask for more frequent reviews and carry out more frequent observations.

Mrs. Healey brought a fatal claim on behalf of herself, the estate, and Mr. Healey's dependents. Ramsay Health Care settled the main claim for £1.2 million plus costs, and subsequently sought a contribution from Mr. McGrath. Mr. McGrath, who represented himself, failed to engage meaningfully with the proceedings and did not attend the trial.

The court had to determine the apportionment of liability between Mr. McGrath and Ramsay Health Care. The court found that Mr. McGrath's failures were the principal cause of Mr. Healey's death. Expert evidence highlighted Mr. McGrath's failure to diagnose and treat the anastomosis leak promptly, which significantly contributed to Mr. Healey's death.

The court concluded that Mr. McGrath was responsible for 75% of the liability, while Ramsay Health Care was responsible for 25% due to the failures of its nursing staff. The court also ordered Mr. McGrath to pay 75% of the claimant's costs and one-third of Ramsay Health Care's costs in defending the main claim.

Additionally, Mr. McGrath was ordered to pay 100% of Ramsay Health Care's costs in the Part 20 contribution proceedings. The court emphasized the importance of prompt and accurate diagnosis and treatment in medical care, and the severe consequences of failing to meet these standards.

The judgment provides critical insights for clinical negligence practitioners, highlighting the need for vigilance and thoroughness in post-operative care and the significant impact of professional negligence on patient outcomes.

Legal representatives: Adam Weitzman KC (instructed by Kennedys) for the Part 20 Claimant, Mr. McGrath in person.

Judicial Panel: Dexter Dias KC (sitting as a Deputy High Court Judge)

Case Citation Reference: [2024] EWHC 1360 (KB)