Issues in Litigating Informed Consent Claims

Johnstone v NHS Grampian [2019] CSOH 90  This article originally appeared in Issue 4 (March 2020). The Outer House of the Court of Session found that the Pursuer/Claimant (“J”) had given informed consent to the transsphenoidal surgery he underwent and dismissed J’s claim for damages brought against the health authority. …

Sexual Abuse – A Third Party’s Fault?

BXB v Watch Tower and Bible Tract Society of Pennsylvania [2020] EWHC 156 (QB)  This article originally appeared in Issue 4 (March 2020). On 30 January 2020, Mr Justice Chamberlain gave judgment in BXB v (1) Watch Tower and Bible Tract Society of Pennsylvania (2) Trustees of the Barry Congregation…

Relationship Between Criminal and Civil Liability under the Occupiers’ Liability Act and Causation

Mrs James v The White Lion Hotel [2020] 1 WLUK 39  This article originally appeared in Issue 4 (March 2020). The facts  The Deceased fell out of the sash window of a second-floor hotel room in the middle of the night and died. The sill of the window was much…

(Not So) NICE Guidelines?

Sanderson v Guy's and Thomas' NHS Foundation [2020] EWHC 20 (QB)  This article originally appeared in Issue 4 (March 2020). This judgment, delivered by Lambert J on 10 January 2020, is of particular interest for her consideration of the NICE Guidelines and their utility in establishing breach of duty. This specific…

Damned Lies: Risk, Statistical Association and Causation

Clements v Imperial College Healthcare NHS Trust [2018] EWHC 2064 AB v East Lancashire Hospitals NHS Trust [2019] EWHC 3542 (QB)  This article originally appeared in Issue 4 (March 2020). We are all familiar with the challenge of proving that a given breach of duty was causally relevant to injury…

When Medical Technology Goes Wrong

Hastings v Finsbury Orthopaedics Ltd and Stryker UK Ltd [2019] CSOH 96  This article originally appeared in Issue 4 (March 2020). Modern medicine increasingly makes use of sophisticated technology, from algorithms for assisting in diagnosis to robots for surgical procedures. But what happens when the technology goes wrong; who is…