Posted inIssue 5 Regulatory

When Side-Stepping the Agreed Contractual Disciplinary Procedure will be in Breach of Contract

Smo v Hywel Dda University Health Board [2020] EWHC 727  This article originally appeared in Issue 5 (May 2020). The Claimant, a consultant colorectal surgeon, was subject to disciplinary proceedings in respect of conduct and his approach to clinical practice pursuant to "Upholding Professional Standards in Wales" (UPSW) closely modelled…
May 1, 2020Posted inIssue 5, Regulatory
Posted inIssue 5 Quantum

PSLA in St Helena

Attorney General of St Helena v AB and others (St Helena) [2020] UKPC 1  This article originally appeared in Issue 5 (May 2020). This case arose out of two actions for damages for personal injury brought against a doctor employed on the island of St Helena (in the South Atlantic…
May 1, 2020Posted inIssue 5, Quantum
Posted inCourt of Protection Issue 5

Applications Relating to Medical Treatment – A Practical Application

Sherwood Forest Hospitals NHS Foundation Trust [2020] EWCOP 5  This article originally appeared in Issue 5 (May 2020). “Mrs H” was a 71-year-old lady with a history of Bipolar Affective Disorder. She was also suffering from squamous cell carcinoma on her face, but for an extended period of time, she…
May 1, 2020Posted inCourt of Protection, Issue 5Tags: ,
Posted inCourt of Protection Issue 5

Capacity Assessment and Hunger Strike

This article originally appeared in Issue 5 (May 2020). QJ v A Local Authority [2020] EWCOP 3  The court decided that a further assessment of capacity was needed when an elderly man who was detained in a care home under Schedule A1 of the Mental Capacity Act 2005 expressed conflicting…
May 1, 2020Posted inCourt of Protection, Issue 5Tags:
Posted inCourt of Protection Issue 5

Applications Relating to Medical Treatment – Guidance from the Vice-President of the Court of Protection

Applications Relating to Medical Treatment: Guidance Authorised by Justice Hayden, Vice President of the Court of Protection [2020] EWCOP 2  This article originally appeared in Issue 5 (May 2020). On 17 January 2020 the Vice President of the Court of Protection authorised the promulgation of guidance about when those involved…
May 1, 2020Posted inCourt of Protection, Issue 5Tags: ,
Posted inInquiries Issue 5

How to Improve Patient Safety Post-Paterson

Report of the Independent Inquiry into the Issues raised by Paterson  This article originally appeared in Issue 5 (May 2020). The report of the Independent Inquiry into the case of surgeon Dr Ian Paterson was published on 4 February 2020. It makes for harrowing reading.  One of the Inquiry’s key…
May 1, 2020Posted inInquiries, Issue 5
Posted inClinical negligence Issue 5

Duty to Tell a Child About Risk of Genetic Condition?

ABC v St George's Healthcare NHS Trust & Ors [2020] EWHC 455 (QB)  This article originally appeared in Issue 5 (May 2020). This fascinating judgment of Yip J considers whether the Defendants had a duty of care to alert the Claimant (“ABC”) to the risk that she had inherited the…
May 1, 2020Posted inClinical negligence, Issue 5Tags: ,
Posted inClinical negligence Issue 5 Quantum

Damages for the Cost of Surrogacy

Whittington Hospital NHS Trust v XX [2020] UKSC 14  This article originally appeared in Article 5 (May 2020). In a majority decision, the Supreme Court has confirmed that a claimant is entitled to recover as damages not only the costs of surrogacy using her own eggs, but also the costs…
May 1, 2020Posted inClinical negligence, Issue 5, QuantumTags:
Posted inClinical negligence Issue 5

Vicarious Liability – Associate Dentists

Ramdhean v Agedo and The Forum Dental Practice Limited 2020 WL 00620352  This article originally appeared in Issue 5 (May 2020). The Facts  The claim arose out of allegedly negligent care given to the Claimant at a dental surgery. A preliminary hearing was held at Leeds County Court to consider…
May 1, 2020Posted inClinical negligence, Issue 5Tags: , ,
Posted inIssue 5 Public

A Blow for Big Pharma

Bayer Plc & Anor v NHS Darlington CCG & Ors [2020] EWCA Civ 449  This article originally appeared in Issue 5 (May 2020). In the interesting case of Bayer Plc v NHS Darlington Clinical Commissioning Group [2020] EWCA Civ 449 in the Court of Appeal, two pharmaceutical companies, Bayer Plc…
May 1, 2020Posted inIssue 5, Public