Who should pay Part 20 costs?
Mr McGrath, a Consultant General Surgeon, performed surgery on Mr Healey at the Ramsay Berkshire Independent Hospital on the 1st August 2017. Following an anastomosis leak, and resulting sepsis, Mr Healey died on the 10th August 2017.
Mrs Healey brought a fatal claim against Mr McGrath and Ramsay Health Care. Both Defendants admitted negligence, but the Court had to determine the apportionment of liability between the two Defendants.
Mr McGrath’s Solicitors came off record in 2022 and Mr McGrath appeared in person. He failed to engage in proceedings and failed to attend trial.
The Court found Mr McGrath primarily responsible and attributed 75% of the liability to him, and Ramsay Health Care 25% due to the failures by its nursing staff, in failing to carry out more frequent observations and request more reviews, which contributed to the delay in diagnosis.
Ramsay Health Care settled the main claim with Mrs Healey for £1.2 million, plus reasonable costs.
Ramsay Health Centre sought a contribution from Mr McGrath.
Dexter Dias KC, sitting as a Deputy High Court Judge, considered whether it was appropriate for a Part 20 Defendant to contribute towards the Part 20 Claimant’s costs of defending the main action and decided that Mr McGrath should contribute one third of the Part 20 Claimant’s costs of defending the main action.
In summary, the orders of the Court were as follows, all costs to be assessed on a standard basis if not agreed:
- Mr McGrath to pay Ramsay 75% of the agreed damages compromised for £1,200,000;
- Mr McGrath to pay Ramsay 75% of the £417,500.00 costs paid by Ramsay to the Claimant;
- Mr McGrath to pay Ramsay one third of Ramsay’s costs defending the main claim;
- Mr McGrath to pay Ramsay 100% of its Part 20 contribution proceedings costs.
Summary
The Judgment has emphasised the importance of a timely diagnosis and intervention in cases of post-surgical complications and has highlighted responsibilities of both surgeons and nursing staff in ensuring patient safety.
The significance of the case has been noted and this ruling is expected to influence future clinical negligence cases, especially those involving complex medical procedures and multi-party liability. The Judgment provides a detailed framework for assessing the contributions of difference parties in clinical negligence cases.
How can PIC help?
PIC are costs specialists who deal with complex costs cases on a regular basis and are able to assist with any cost related queries. Please get in touch to discuss your cost requirements.
Linzi Walker, Costs Lawyer
29.08.2024