Developments in the law of clinical negligence are examined in the light of a case that goes back to the late 1940s and involves some of the principle characters in the evolution of the English law of clinical negligence. IN MAY 2000, the Department of Health published a frank report entitled An Organisation with a Memory. 2 This was a report of an expert group on learning from adverse events in the National Health Service, chaired by the Chief Medical Officer. Its aim was to develop a plan to 'give the people of Britain a health service fit for the 21st century… designed around the patient'. It described the National Health Service as 'a 1940s system operating in a 21st century world'. Patients dissatisfied by the quality of the medical treatment they have received and who seek recourse to the law may well believe that the English legal system dealing with medical negligence claims is similarly a 1950s system operating in a 21st century world. Medical negligence cases are anguishing to try. The plaintiff [claimant] or a loved one has invariably been grievously injured. Such people in my experience are seldom gold diggers. Certainly, the plaintiff [claimant] in this case is not. One's sympathy inevitably reaches out to such a person. On the other hand, a finding in favour of 99