Dakin v South Tees Hospitals NHS Foundation Trust (2026) EWCC 26
Dakin v South Tees Hospitals NHS Foundation Trust (2026) EWCC 26
Background
The claimant, Ms Dakin, suffered a serious stroke in July 2016 caused by previously undiagnosed atrial fibrillation (AF). Prior to the stroke, she had attended the defendant hospital in January 2016 complaining of symptoms including palpitations, shortness of breath and fatigue.
The Trust admitted that it had breached its duty of care by failing to arrange a 24-hour ECG monitor following that consultation. Had AF been diagnosed, it was also accepted that the claimant would have received anticoagulant treatment and that such treatment would likely have prevented the stroke.
The dispute therefore centred solely on causation rather than breach of duty.
The Issues
The court was required to determine whether the admitted failure to arrange cardiac monitoring actually caused the claimant's stroke.
In particular, the key questions were:
- Whether the claimant was suffering from intermittent (paroxysmal) atrial fibrillation during the relevant period.
- How frequently she was experiencing symptoms.
- Whether a 24-hour ECG would have detected the condition.
- If the 24-hour ECG was negative, whether a 7-day ECG monitor would probably have been arranged.
- Whether the longer period of monitoring would have identified the AF before the stroke occurred.
Held
The County Court found in favour of the claimant.
The judge concluded that:
- The claimant was suffering from intermittent atrial fibrillation between 2015 and July 2016.
- Had a 24-hour ECG been undertaken, it would probably have been followed by a 7-day monitoring programme.
- Given the frequency of the claimant's symptoms, the AF would probably have been detected through that monitoring.
- Earlier diagnosis would have resulted in anticoagulant treatment being prescribed.
- On the balance of probabilities, that treatment would have prevented the stroke.
Accordingly, the court held that the defendant's admitted breach of duty caused the stroke, and judgment was entered for the claimant with damages to be assessed.
Comment
This decision is significant because it demonstrates the courts' willingness to find causation established even where the negligence itself has deprived the claimant of the very evidence that would have existed had proper investigations been carried out.
See a copy of the Judgment here:
https://www.iclr.co.uk/document/2026004191/2026ewcc26_TNA/html
