Court of Appeal orders fresh inquest in clostridium difficile medical death

Thursday 12 May 2011

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In R (Carole Mack) v HM Coroner for Birmingham, the Court of Appeal allowed a claim for judicial review and ordered a fresh inquest in which the coroner did not call the necessary medical witnesses in a case in which a man who died following clostridium difficile infection which appeared not to have been properly treated in hospital. In addition to holding that the coroner had not provided a rational reason for not calling the relevant witnesses, the Court of Appeal ordered him to pay most of the costs of challenging his decision.

Carole Mack was represented in the High Court and the Court of Appeal by Garden Court barrister Stephen Simblet, who specialises in inquests into deaths in custody and in hospital, and has conducted inquests involving clostridium difficile cases.

LawTel subscribers can access a detailed headnote of the Court of Appeal's decision here.

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