Posted inClinical Negligence Issue 9

The Importance of Contemporaneous Medical Records

HXC (by her litigation friend) JXS vs Hind, Craze [2020] 10 WLUK 603 The facts On 8 June 2016, the then 24-year-old Claimant suffered a catastrophic subarachnoid haemorrhage arising from the rupture of a 10-11mm left internal carotid artery aneurysm. As a result of the haemorrhage she had a dense…
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Posted inData & Information Issue 7

GDPR and Inaccurate Clinical Records

R (Mrs AB) v Northumbria Healthcare NHS Foundation Trust, Cumbria Northumberland Tyne and Wear Foundation Trust [2020] EWHC 2287 (Admin) HHJ Davis-White sitting as a judge of the High Court refused the Claimant’s renewed application for permission to bring a judicial review proceedings challenging the refusal to delete inaccurate information…
Posted inData & Information, Issue 7
Posted inClinical Negligence Issue 7

Surveillance Evidence and Fundamental Dishonesty

Wilcox v King’s College Hospital NHS Foundation Trust [2020] EWHC 2555 (QB) Garraway v Holland & Barrett Limited [2020] 3 WLUK 582 (accessible on Lawtel and Westlaw only) Two recent decisions consider the use of surveillance evidence in the context of fundamental dishonesty. Wilcox v King’s College Hospital NHS Foundation…
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Posted inClinical Negligence Issue 6

Monitoring During Labour

NKX v Barts Health NHS Trust [2020] EWHC 839 (QB)  This article originally appeared in Issue 6 (September 2020). The Facts  This was a liability only hearing where the Claimant alleged that his mother was given insufficient warning that she should have continuous fetal monitoring (“CFM”) when she was in…
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Posted inProcedural Special Issue

Fairness of a Remote Hearing

SC v University Hospital Southampton NHS Foundation Trust [2020] EWHC 1445 (QB)  This article originally appeared in a Covid-19 Special Issue (July 2020). The facts  The Defendant Trust applied a week before a clinical negligence trial for its adjournment on the basis that it would be unfair to hold the…
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