Posted inClinical Negligence Issue 8

Further Developments in Secondary Victims Claims

Polmear v Royal Cornwall Hospitals NHS Trust [2021] EWHC 2914 (QB) The High Court dismissed the Defendant Trust’s strike-out application in a secondary victim claim where the primary victim had ‘clearly suffered actionable damage’ prior to the shocking collapse. Master Cook held that it was not necessary to identify a…
Posted inClinical Negligence, Issue 8Tags:
Posted inClinical Negligence Issue 8

Medical Treatment Claims under Section 75 of the Consumer Credit Act 1974

Introduction Where medical treatment has been paid for on a credit card, a dissatisfied patient may have recourse against the credit card provider under section 75 of the Consumer Credit Act 1974 (“CCA”).[1] This provision gives consumers who have been the victim of a misrepresentation or breach of contract by…
Posted inClinical Negligence, Issue 8
Posted inClinical Negligence Issue 8 Procedural Quantum

Contested Interim Payment Applications and Why to Avoid Them

Carl Duffy v Centraal Beheer Achmea [2020] EWHC 3341 Interim payment applications in clinical negligence and other personal injury cases are a prolific area of contested litigation. It is surprising how often an interim payment cannot be agreed. It is probably partly because applications need to be made urgently to…
Posted inClinical Negligence, Issue 8, Procedural, QuantumTags:
Posted inClinical Negligence Issue 8

Spinal Surgery

Henry v Oxford University Hospitals NHS Foundation Trust [2020] EWHC 3306 (QB) This claim concerned posterior instrumental fusion surgery which took place on 22 July 2010. The Claimant alleged that there was failure to recognise misplacement of the L5 pedicle screw, either intra-operatively, in the immediate post-operative period or longer…
Posted inClinical Negligence, Issue 8Tags: