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…

Consent and Causation

Pepper v Royal Free London NHS Foundation Trust [2020] EWHC 310 (QB)  This article originally appeared in Issue 5 (May 2020). The Claimant alleged that she unnecessarily underwent a laparotomy and Whipple’s procedure, an operation undertaken to remove cancerous tumours from the head of the pancreas. The procedure was carried…

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…

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…