Information for "Esegbona v King’s College Hospital NHS Foundation Trust (2019) EWHC 77 (QB)"

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Display titleEsegbona v King’s College Hospital NHS Foundation Trust [2019] EWHC 77 (QB)
Default sort keyEsegbona v King’s College Hospital NHS Foundation Trust (2019) EWHC 77 (QB)
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Page ID9987
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Page imageEssex newsletter 91.pdf

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Page creatorJonathan (talk | contribs)
Date of page creation23:30, 4 February 2019
Latest editorJonathan (talk | contribs)
Date of latest edit21:58, 10 July 2023
Total number of edits5
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"The claimant, Dr Gloria Esegbona, brings this claim as administrator of the estate of the deceased, her mother, Christiana Esegbona. The action is brought in negligence and false imprisonment. The amended claim form states that the claimant's claim is a claim in clinical negligence and/or pursuant to the Fatal Accidents Act 1976 and/or the Law Reform (Miscellaneous Provisions) Act 1934. The claimant claims damages for pain, suffering and loss of amenity as well as damages, including aggravated damages, for false imprisonment. It is the claimant's case not only that the medical, nursing and other staff at the defendant’s hospital owed her mother a duty to treat her with reasonable care and skill but also that the defendant had duties under the Mental Capacity Act 2005: to take reasonable steps to establish whether Mrs Esegbona lacked capacity before doing any act in connection with her care or treatment; and further that if the defendant reasonably believed that Mrs Esegbona lacked capacity whether it would be in her best interests for any act in connection with her care or treatment to be done; and to take steps to obtain a court order or the relevant authorisation under schedule A1 to the Act before depriving Mrs Esegbona of her liberty. The claimant says the defendant acted in breach of these duties."
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