On 14 January 2000, Belinda, a 38-year-old woman, was admitted to hospital as a private patient, under the care of the Consultant for a Total Abdominal Hysterectomy. Belinda was diagnosed with anti-thrombin III deficiency in December 1996.

This is a rare condition which increases a risk of clot formation. The consultant was aware of Belinda's condition and sought advice from a Consultant Haematologist prior to carrying out the Total Abdominal Hysterectomy. However, the consultant failed to prescribe adequate pre and post-operative dosages of Clexane, an anticoagulant, to reduce the risk of clot formation during the course of the surgery and post-operatively. He did not prescribe further or appropriate anticoagulant medication once Belinda was discharged from hospital. As a result, Belinda suffered bilateral and multiple pulmonary emboli, requiring anticoagulant medication. She also suffered extensive perfusion defects in both lungs which are permanent.

The Claim Form was issued on 9 January 2003 in the Central London County Court and was served on 2 May 2003. The time for filing a Defence was extended to 1 August 2003 to give the Consultant an opportunity to respond to the Claimant's Letter of Claim. The consultant served his Letter of Response on 10 February 2003 admitting breach of duty. On 1 September 2003 the case was transferred to the Manchester County Court and on 23 September 2003 the Defendant paid the sum of £52,009.80 into Court. The Claimant put forward a counter-offer of £85,000.00 on 2 October 2003. The Claim settled by consent on 11 November 2003 in the sum of £76,250.00.