Posted inCourt of Protection Issue 5

Best Interests Assessment and Clinically Assisted Nutrition and Hydration

A Clinical Commissioning Group v AF [2020] EWCOP 16  This article originally appeared in Issue 5 (May 2020). Following a hearing that took place via Skype due to the COVID-19 medical emergency, the court decided it was not in the best interests of a stroke patient to have his Clinically…
May 1, 2020Posted inCourt of Protection, Issue 5Tags: ,
Posted inClinical Negligence Issue 5

The Standard of Care in Pure Diagnosis Cases

Brady v Southend University Hospital NHS Foundation Trust [2020] EWHC 158 (QB)  This article originally appeared in Issue 5 (May 2020). In the bulk of actions for clinical negligence, the standard of care owed to the patient is one point which attracts relatively little judicial consternation. In Brady, and cases…
May 1, 2020Posted inClinical Negligence, Issue 5Tags: ,
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