Delayed diagnosis of appendicitis not negligent

fact that the trust admitted various breaches of duty meant that it was on the back foot in this action, but its expert evidence was to the effect that even with an appropriate level of care, the patient would have died anyway. The judge was persuaded that the fact that Mrs Gardner survived three heart attacks between 10:22 and 11:02 meant that she would on the balance of probabilities have remained alive had timely action been taken by trust clinicians. However, even if that had happened, she would have been seriously disabled by amputations and therefore the ‘‘best’’ outcome for her would have been a life of serious disability.