Posted inInquests Issue 1

The Standard of Proof in Inquests Concerning Suicide

R (on the application of Maughan) v Her Majesty's Senior Coroner for Oxfordshire [2019] EWCA Civ 809  This article originally appeared in Issue 1 (May 2019). In this judgment, handed down on 10 May 2019, the Court of Appeal considered the standard of proof to be applied by a coroner…
May 1, 2019Posted inInquests, Issue 1Tags: ,
Posted inClinical negligence Issue 1

Expert evidence

Jones v Taunton & Somerset NHS Foundation Trust [2019] EWHC 563 (QB) This article originally appeared in Issue 1 (May 2019). The court permitted a Defendant NHS Trust to substitute its medical expert eleven weeks before trial where its original expert had stated that the Claimant’s experts had raised matters…
May 1, 2019Posted inClinical negligence, Issue 1Tags: ,
Posted inIssue 1 Regulatory

Injunctions, parallel investigations and suspensions of pay

North West Anglia NHS Foundation Trust v Gregg [2019] EWCA Civ 387 This article originally appeared in Issue 1 (May 2019). A Consultant Anaesthetist obtained an injunction from the High Court to prevent his employer, an NHS Trust, proceeding with a disciplinary investigation into patient deaths whilst a parallel police…
May 1, 2019Posted inIssue 1, RegulatoryTags:
Posted inClinical negligence Issue 1 Personal injury Procedural

In Brief – May 2019

In each issue, where we can't cover cases in full, we attempt to cover them in brief. Below are cases covered in brief in Issue 1, May 2019. Diamond v Royal Devon and Exeter NHS Foundation Trust [2019] EWCA Civ 585 - Informed consent - concerns: (a) principles applicable to appeals…
May 1, 2019Posted inClinical negligence, Issue 1, Personal injury, ProceduralTags: ,
Posted inClinical negligence Issue 1

Damages and the scope of duty

Meadows v Khan [2019] EWCA Civ 152 This article originally appeared in Issue 1 (May 2019). In this case the Court of Appeal confirmed that when considering the question of liability for damages in negligence for wrongful birth, the correct test was the ‘scope of duty’ test in Australia Asset…
May 1, 2019Posted inClinical negligence, Issue 1Tags: , ,
Posted inClinical negligence Issue 1 Procedural

Interim Payments and Eeles

Farrington v Menzies-Haines [2019] EWHC 1297 This article originally appeared in Issue 1 (May 2019). This was a brain injury claim following an RTA. Liability, subject to an argument on contributory negligence, was admitted. As to causation, the Defendant disputed the extent to which the Claimant’s injuries were attributable to…
May 1, 2019Posted inClinical negligence, Issue 1, ProceduralTags:
Posted inClinical negligence Issue 1 Procedural Regulatory

Anonymity orders

Justyna Zeromska-Smith v United Lincolnshire Hospitals NHS Trust [2019] EWHC 552 (QB) This article originally appeared in Issue 1 (May 2019). Spencer J refused an application for an anonymity order by the Claimant, who had suffered a stillbirth and psychiatric injury and was bringing a clinical negligence claim against the…
May 1, 2019Posted inClinical negligence, Issue 1, Procedural, RegulatoryTags: , , ,
Posted inClinical negligence Issue 1

Causation and the Chester Principle

Paul Pomphrey v Secretary of State for Health (2) North Bristol NHS Trust (3) [2019] 4 WLUK 483  This article originally appeared in Issue 1 (May 2019). This case concerned an alleged failure to diagnose compression of nerve roots leading to cauda equina and alleged delay in operating urgently. It…
May 1, 2019Posted inClinical negligence, Issue 1Tags: ,
Posted inClinical negligence Issue 1

Medical Treatment and Consent

Keh v Homerton University Hospitals NHS Foundation Trust [2019] EWHC 548 (QB) Kennedy v Frankel [2019] EWHC 106 (QB) Ollosson v Lee [2019] EWHC 784 (QB) This article originally appeared in Issue 1. Three recent consent cases illustrate the critical importance of both limbs of an informed consent post-Montgomery -…
May 1, 2019Posted inClinical negligence, Issue 1Tags: