October 3, 2025
Shaw v Kovac [2017] EWCA Civ 1028
The estate of a man who died 25 days after negligent post-operative care appealed against the conventionally low award for pain, suffering and loss of amenity. The Court of Appeal upheld the established modest sum, confirming its applicability even in medical negligence. Facts Mr Peter Shaw, an 86-year-old man, underwent a total hip replacement on 20 January 2014. Following the operation, he developed significant abdominal pain and distress. His condition deteriorated, and a CT scan on 12 February 2014 eventually revealed a perforated duodenal ulcer. He died the following day from peritonitis. The defendants admitted that the failure to diagnose
