Posted inClinical Negligence Issue 13 Personal injury

Consent and Factual Causation – Two Recent Cases

Watts v North Bristol NHS Trust [2022] EWHC 2048 (QB) Snow v Royal United Hospitals Bath NHS Foundation Trust [2023] EWHC 42 (KB) Two cases from the past year illustrate the importance of factual causation as an issue in litigation concerning consent to treatment and provide various reminders on points…
July 18, 2023Posted inClinical Negligence, Issue 13, Personal injury
Posted inClinical Negligence Issue 13 Personal injury

Montgomery and Material Contribution

CNZ v Royal Bath Hospitals NHS Foundation Trust and (2) Secretary of State for Health and Social Care Background In January 2023, Mr Justice Ritchie handed down an important decision dealing with Montgomery and causation in birth injury claims. The relevant findings of fact: The Claimant was born in a…
July 18, 2023Posted inClinical Negligence, Issue 13, Personal injury
Posted inInquests Issue 13

The Supreme Court provides authoritative guidance on the application of Article 2 to Coronial investigations and inquests

R (Maguire) v HM Senior Coroner for Blackpool & Fylde and another [2023] UKSC 20 Introduction The advent of the Human Rights Act 1998, and the incorporation into domestic law of the Article 2 right to life, has transformed coronial investigations and inquests over the last two decades. Lord Bingham’s magisterial…
July 18, 2023Posted inInquests, Issue 13
Posted inData & Information Issue 12

Data Protection

Underwood v Bounty UK Ltd & Hampshire Hospitals NHS Trust [2022] EWHC 888 (QB) Background Ms Underwood awoke on a post-natal ward, after a difficult labour lasting more than 100 hours and ending in an emergency caesarean, to a woman whom she assumed was part of the hospital’s maternity staff…
May 2, 2023Posted inData & Information, Issue 12
Posted inClinical Negligence Issue 12

Out of Hours Emergency Mental Health Provision and Paper Records

Williams v Betsi Cadwaladr University Local Health Board [2022] EWHC 455 (QB) In Williams v Betsi Cadwaladr University Local Health Board [2022] EWHC 455 (QB) following her husband’s suicide after a relapse in his psychiatric condition, the Claimant brought proceedings on behalf of her deceased husband’s estate and herself as…
May 2, 2023Posted inClinical Negligence, Issue 12