Wrongful Birth

Mordel v Royal Berkshire NHS Foundation Trust [2019] EWHC 2591 (QB)  This article originally appeared in Issue 3 (November 2019). The Claimant succeeded in establishing liability in this unusual wrongful birth claim before Mr Justice Jay.  Background  She alleged that the Defendant’s failure to carry out screening for Down’s syndrome…

Interim Injunctions and Disciplinary Proceedings

Smo v Hywel Dda University Health Board [2019] EWHC 1973 (QB) This article originally appeared in Issue 3 (November 2019). The High Court granted an interim injunction to a consultant colorectal surgeon facing disciplinary proceedings as a result of allegations about his capability and conduct.  Background  Suspended since 2016 pending…

Best Interests

Tafida Raqeeb (By Her Litigation Friend XX) v Barts NHS Foundation Trust [2019] EWHC 2531 (Admin)  This article originally appeared in Issue 3 (November 2019). In a tragic case concerning five year-old Tafida Raqeeb, MacDonald J considered whether withdrawal of life sustaining treatment was in her best interests. He ultimately…

Assessing the Standard of Care – Past or Present?

Jones v Taunton and Somerset NHS Foundation Trust [2019] EWHC 1408 (QB)  This article originally appeared in Issue 3 (November 2019). It is trite law that if a doctor acts in accordance with a responsible body of medical opinion at the time of the treatment, their actions are not negligent,…

Are Honest Recollections Reliable?

CXB v North West Anglia NHS Foundation Trust [2019] EWHC 2053 (QB)  This article originally appeared in Issue 3 (November 2019). Background  This was a claim for negligence in the management of the Claimant’s birth where unusually the trial focussed on a single key issue of disputed fact. It had…

Expert Evidence and Material Contribution

Arksey v Cambridge University Hospitals NHS Foundation Trust [2019] EWHC 1276 (QB)  This article originally appeared in Issue 3 (November 2019). Background  On 3 November 2012, the Claimant suffered a cerebral aneurysm rupture. She was taken by ambulance to Addenbrooke’s Hospital complaining of symptoms principally of confusion. She was discharged…