In each issue, we try and cover cases in brief which we were unable to cover in full. Below are the cases covered in brief in Issue 6, September 2020.
Chaplin v Pistol [2020] EWHC 1543 (QB) – Defendant applied for permission for expert evidence in the field of statistics/life expectancy. Application refused.
SC v University Hospital Southampton NHS Foundation Trust [2020] EWHC 1610 (QB) – concerned a failure to diagnose meningitis. C successful.
Taleb v Imperial College Healthcare NHS Trust [2020] EWHC 1147 (QB) – The Defendant’s expert had raised the issue of whether the Claimant’s injuries might be genetic and therefore not related to the brain injury in question. The Defendant applied for permission to obtain a single joint expert in genetics. Application refused. Judge considered trial date would have to be vacated. He was also sceptical as to the relevance of the evidence sought. Application was also late. Matthew Barnes from 1COR appeared for the Defendant.
McCulloch v Forth Valley Health Boards [2020] CSOH 40 – Claimant died from cardiac tamponade, number of allegations including failure to order repeat ECG, to prescribe colchicine and to prescribe NSAIDs. Claimant partially successful.
Maguire, R (On the Application Of) v United Response & Ors [2020] EWCA Civ 738 – Significant decision on Article 2 and inquests. Will likely be covered in a future issue. Court of Appeal considered the operational duty in the context of medical failures in the Deceased’s care.
Iroko, R (On the Application Of) v HM Senior Coroner for Inner London South & Anor [2020] EWHC 1753 (Admin) – Concerns procedural aspect of Article 2, failure to make a finding of neglect and failure to make a PFD report. Claimant not successful.
