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The Court of Appeal upheld the High Court's decision to dismiss a clinical negligence claim due to inordinate and inexcusable delay, as the plaintiff failed to provide an expert report substantiating the allegations of medical negligence over an eight-year period. The case, which concerned an operation during childhood in or around the year 2000, was dismissed on the grounds that the plaintiff's delay in obtaining an expert report prevented the defendant from investigating the claim and posed a risk of an unfair trial due to potential memory degradation over time.
Court of Appeal, clinical negligence, dismissal for delay, expert report, medical negligence claim, spina bifida, surgery, infection, staple removal, St. James's Hospital, Statute of Limitations, protective writ, particulars of negligence, breach of duty, inordinate delay, inexcusable delay, fair trial, abuse of process, alternative remedy, professional adviser negligence.
Note: This is intended to be a fair and accurate report of a decision made public by a court of law. Any errors should be notified to the editor and will be dealt with accordingly.
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