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High Court refused to dismiss a claim alleging negligence in medical treatment following the plaintiff's birth, despite concerns over the alleged lack of medical evidence. The court granted a stay on the proceedings, allowing the plaintiff to amend the personal injury summons to comply with statutory requirements. The court also issued a 'litigation restriction order' (LRO), preventing the plaintiff and his mother from instituting further proceedings against the defendants related to the plaintiff's post-birth medical treatment without prior court permission. This decision follows a history of repetitive litigation on the same issues, imposing significant burdens on the defendants and the court system. The court awarded the defendants 75% of their costs, with a stay on the order until further proceedings.
Litigation Restriction Order (LRO), medical negligence, personal injury summons, Civil Liability and Courts Act 2004, inherent jurisdiction, Isaac Wunder order, stay of proceedings, amendment of pleadings, expert medical evidence, causation, negligence, sepsis, autism spectrum disorder (ASD), Assisted Decision-Making (Capacity) Act 2015, McKenzie friend, repetitive litigation, costs award.
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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