JXM v An NHS Trust [2020] WTLR 1327

Wills & Trusts Law Reports | Winter 2020 #181

The claimant, who was born in 2013, was subject to a criminal assault by his father such that he needed to attend the defendant’s hospital which, unfortunately, failed to identify non-accidental injuries and discharged him home to the ‘care’ of his parents. A subsequent assault by his father caused devastating brain damage and resulted in a custodial sentence. The defendant admitted liability for the injuries sustained by the claimant through its breach of duty in failing to detect non-accidental injuries and then arranging for investigations to be carried out which would have enabled hi...