September 14, 2025
Bailey v The Ministry of Defence [2008] EWCA Civ 883 (29 July 2008)
A woman suffered brain damage after choking due to weakness. This weakness was caused by both non-negligent pancreatitis and negligent post-operative care. The court held the hospital liable as its negligence had materially contributed to her weakened state and subsequent injury. Facts The claimant, Mrs Bailey, was admitted to a hospital for a gallstone procedure. Post-operatively, she developed acute pancreatitis, which was not a result of any negligence. Her condition deteriorated, requiring a transfer to an intensive care unit at a hospital run by the second defendant, the Ministry of Defence (MoD). At the MoD hospital, the trial judge found
