Clinical negligence claim permitted to proceed 18 years out of time

Azam v University Hospital Birmingham NHS Foundation Trust ([2020] EWHC 3384 (QB); [2021] Med LR 150

The High Court has held that a judge had not erred in permitting a clinical negligence claim to proceed 18 years out of time pursuant to the Limitation Act 1980 s33, in respect of a surgical procedure. The court ruled that the death of the operating surgeon was not necessarily prejudicial to the defence of the claim, and the Trust had failed to provide evidence and establish prejudice flowing from the surgeon’s death.