The diagnosis hang-up and cardiological manifestations of PTSD The diagnosis hang-up and cardiological manifestations of PTSD

The diagnosis hang-up and cardiological manifestations of PTSD

In this road traffic accident case where there was a claim for psychiatric injury, the two psychiatric experts produced between them 14 reports,...
Podcast Episode 13: Long-Standing Policy Issues Podcast Episode 13: Long-Standing Policy Issues

Podcast Episode 13: Long-Standing Policy Issues

In the 13th episode of the Expert Matters Podcast, we look at five long-standing policy issues that have had significant developments recently: (1)...
How to Reduce the Re-traumatisation of Claimants in Medico-Legal Litigation Claims How to Reduce the Re-traumatisation of Claimants in Medico-Legal Litigation Claims

How to Reduce the Re-traumatisation of Claimants in Medico-Legal Litigation Claims

We are re-publishing our article on the paper on 'How to reduce the risk of re-traumatising claimants in medico-legal litigation claims' ahead...
Setting The Goal Posts  in Expert Determination Cases  For “Manifest Error” Exceptions Setting The Goal Posts in Expert Determination Cases For “Manifest Error” Exceptions

Setting The Goal Posts in Expert Determination Cases For “Manifest Error” Exceptions

Within this update we feature the well-publicised case of WH Holding Limited and E20 Stadium LLP [2025] EWHC 140 (Comm).  The case concerns a...
New resources on Alternative Dispute Resolution New resources on Alternative Dispute Resolution

New resources on Alternative Dispute Resolution

We have published extensive new resources on Alternative Dispute Resolution in the EWI Knowledge Hub. 
Expert suggests Google would probably give the court a better answer than him Expert suggests Google would probably give the court a better answer than him

Expert suggests Google would probably give the court a better answer than him

The claimant alleged both negligence and breach of contract by the defendant designer of a container park near Felixstowe Port. The judge set out the...
A Day in the Life of a Plastic, Aesthetic and Hair transplant Surgeon and Expert Witness A Day in the Life of a Plastic, Aesthetic and Hair transplant Surgeon and Expert Witness

A Day in the Life of a Plastic, Aesthetic and Hair transplant Surgeon and Expert Witness

Dr. Rohit Seth is trained in Plastic, Reconstructive, Aesthetic and Hair Transplant Surgery with over 20 years of surgical experience. A practicing...
Forensic Science Regulator Code of Practice 2025 (Version 2) Forensic Science Regulator Code of Practice 2025 (Version 2)

Forensic Science Regulator Code of Practice 2025 (Version 2)

Version 2 of the Forensic Science Regulator ('FSR') Code of Practice has completed its passage through both Houses of Parliament and will...
A Day in the Life of a Digital Forensics Expert Witness A Day in the Life of a Digital Forensics Expert Witness

A Day in the Life of a Digital Forensics Expert Witness

Ryan Shields is a digital forensics expert who has worked in the police and private sector. Here, he explains why he is passionate about using his...
Podcast Episode 12: Expert Discussions and Joint Statements Podcast Episode 12: Expert Discussions and Joint Statements

Podcast Episode 12: Expert Discussions and Joint Statements

In the 12th episode of the Expert Matters Podcast, we discuss Expert Discussions and Joint Statements. Joint Statements are critical documents in any...
Podcast Episode 11: AI and the Expert Witness Podcast Episode 11: AI and the Expert Witness

Podcast Episode 11: AI and the Expert Witness

In the 11th episode of the Expert Matters Podcast, we take a look at how AI is being used by Expert Witnesses. We discuss general developments related...
A Day in the Life of an Aerial Imagery Expert A Day in the Life of an Aerial Imagery Expert

A Day in the Life of an Aerial Imagery Expert

Chris Cox is a professional heritage consultant, specialist interpreter of aerial imagery and Lidar data, and an Expert Witness. She is the...

Check out our Case Updates and Member Magazine

Looking for more news relevant to the Expert Witness community? Why not check out our database of cases relevant to Expert Evidence or the latest and previous editions of our member magazine, Expert Matters.

News

Clicking on one of the topics below will display news items relevant to that topic. You can also use the search bar below to identify news items.

Rebecca Thorp & Ors v Dr Harinder Mehta [2024] EWHC 652 (KB)
Sean Mosby 1450

Rebecca Thorp & Ors v Dr Harinder Mehta [2024] EWHC 652 (KB)

bySean Mosby

The Case

The case involved a claim of clinical negligence brought by the administrators of the estate of a woman who died from a stroke in January 2018 ("the patient"). The central issue relating to breach of duty was whether the doctors treating the patient, Dr Chu and Dr Mehta, ought to have prescribed antihypertensive drugs to control her high blood pressure. The central issue on causation was whether the fatal stoke would have been avoided had these drugs been prescribed.

Dr Chua

Due to high blood pressure readings during pregnancy, the patient had been prescribed labetalol, an antihypertensive drug. After the child’s birth, she revisited the doctor’s surgery where see was seen by Dr Chua on 6 September 2017, and Dr Mehta on 18 October 2017. Both doctors chose to await the results of an ambulatory blood pressure monitoring (‘ABPM’) before prescribing further medication.

In giving evidence at the trial, Dr Chua accepted that he had made two mistakes in treating the patient: he did not check her blood pressure history, which would have revealed six previous occasions of high blood pressure over the previous 5 years, and he did not realise that the normal blood pressure reading taken at the surgery on 28 April 2017 was on the day after she had been prescribed labetalol, which could have caused the normal reading.

Dr Lieberman, the expert witness for the claimant, expressed the view that, without these errors, Dr Chua would have prescribed the patient antihypertensives to be taken at the conclusion of her course of labetalol, without waiting for the results of the ABPM.

The NICE guidance

The NICE guideline CG127 “Hypertension in adults: diagnosis and management”, which applied at the time, divides hypertension into three categories:

“Stage 1 hypertension Clinic blood pressure is 140/90 mmHg or higher and subsequent ambulatory blood pressure monitoring (ABPM) daytime average or home blood pressure monitoring (HBPM) average blood pressure is 135/85 mmHg or higher.

Stage 2 hypertension Clinic blood pressure is 160/100 mmHg or higher and subsequent ABPM daytime average or HBPM average blood pressure is 150/95 mmHg or higher.

Severe hypertension Clinic systolic blood pressure is 180 mmHg or higher or clinic diastolic blood pressure is 110 mmHg or higher.”

The guidance provides:

“1.2.3  If the clinic blood pressure is 140/90 mmHg or higher, offer ambulatory blood pressure monitoring (ABPM) to confirm the diagnosis of hypertension.

1.2.4  If a person is unable to tolerate ABPM, home blood pressure monitoring (HBPM) is a suitable alternative to confirm the diagnosis of hypertension.

1.2.5  If the person has severe hypertension, consider starting antihypertensive drug treatment immediately, without waiting for the results of ABPM or HBPM.”

While NICE guidance is not intended to be entirely prescriptive, it should be taken “fully into account”, and cases where practitioners are liable to be found negligent despite following guidance are likely to depend on the specific circumstances.

As none of the patient’s historical blood pressure readings fell within the category of severe hypertension, the judge found that offering ABPM would have, at first blush, been appropriate even if Dr Chua had taken into account the additional information.

The evidence of Dr Lieberman

In his report of October 2022, Dr Lieberman did not reference the NICE guideline in his analysis of Dr Chua’s decision to proceed with ABPM, simply concluding that there was “no logic” in doing so. He also criticised Dr Mehta’s decision not to prescribe antihypertensive medication when the blood pressure reading was 150/105 noting that “[a]t this point, treatment was necessary in line with the NICE guidance on hypertension”. He did not explain how the wording of the NICE guidance mandated the abandonment of the ABPM route, when the reading fell short of the threshold for immediate intervention.

Dr Lieberman contended that the elevated blood pressure readings available to Dr Chua were sufficient to mandate him to depart from the guideline. However, under cross-examination, he conceded that he had made a mistake in his report in exonerating Dr Wadeson. Dr Lieberman accepted that Dr Wadeson, who had examined the patient earlier and had had access to the same number of historical readings as Dr Chua, had also been in breach of duty in not immediately prescribing hypertensive medication.

Dr Lieberman further conceded during cross-examination that, if Dr Chua had acted correctly, Dr Metha could not be criticised for continuing with this treatment plan.

The judge’s view

The judge noted that “[t]he combination of Dr Lieberman’s failure in his report to analyse the position of Dr Chua with any reference to the NICE guideline and his belated attempt in the witness box to salvage his conclusions by casting blame upon Dr Wadeson, whom he had earlier expressly exonerated, fatally undermined the plausibility of his conclusions. In my view, he had failed from the outset to take into adequate account the NICE recommendations as a result of which his subsequent analysis became incoherent.”

Learning points

  • Experts should ensure that they fully understand any NICE guidance that applies to the case and have all the relevant facts required to apply the guidance correctly.

  • Experts should correctly apply the NICE guidance to the facts of the case, ensuring that they are consistent in the application of the guidance.  

  • While NICE Guidance is not intended to be entirely prescriptive, where the practitioner has followed NICE guidance, demonstrating negligence will depend on explaining how the specific circumstances of the case required a departure from guidance.

Share

Print
Comments are only visible to subscribers.