Posted inPersonal injury Special Issue

PPE Provision

One of the totemic issues that has emerged over recent weeks as part of the COVID-19 pandemic is the provision of ‘appropriate’ and ‘sufficient’ Personal Protective Equipment (“PPE”), above all to those providing hands-on care to patients in hospital and to residents in care homes.  Leaving aside criminal liability for…
April 1, 2020Posted inPersonal injury, Special IssueTags: , , ,
Posted inClinical negligence Issue 4

How Rare is a Rare Complication?

Collyer v Mid Essex Hospital Services NHS Trust [2019] EWHC 3577 (QB)  This article originally appeared in Issue 4 (March 2020). The Facts  The Claimant underwent a planned surgical removal of his larynx in order to treat recurrent laryngeal cancer. There was no disagreement that this was the only appropriate…
March 1, 2020Posted inClinical negligence, Issue 4Tags:
Posted inIssue 4 Public

Legitimate Expectations of an Ombudsman’s Inquiry

R (Morris) v Parliamentary and Health Service Ombudsman [2019] EWHC 1603 (Admin)  This article originally appeared in Issue 4 (March 2020). The Claimant unsuccessfully sought to judicially review the Ombudsman’s report responding to her complaint against a hospital Trust for misplacing records relating to the death of her daughter in…
March 1, 2020Posted inIssue 4, Public
Posted inInquests Issue 3

Causation and Inquests

R (Chidlow) v HM Senior Coroner for Blackpool and Fylde [2019] EWHC 581 (Admin)  This article originally appeared in Issue 3 (November 2019). The facts  The Divisional Court heard a challenge to a coronial determination that it was not safe to leave the issue of any potential causal link between…
November 1, 2019Posted inInquests, Issue 3Tags: , ,
Posted inClinical negligence Issue 3

Expert Evidence and Material Contribution

Arksey v Cambridge University Hospitals NHS Foundation Trust [2019] EWHC 1276 (QB)  This article originally appeared in Issue 3 (November 2019). Background  On 3 November 2012, the Claimant suffered a cerebral aneurysm rupture. She was taken by ambulance to Addenbrooke’s Hospital complaining of symptoms principally of confusion. She was discharged…
November 1, 2019Posted inClinical negligence, Issue 3Tags: , ,
Posted inClinical negligence Issue 1

Medical Treatment and Consent

Keh v Homerton University Hospitals NHS Foundation Trust [2019] EWHC 548 (QB) Kennedy v Frankel [2019] EWHC 106 (QB) Ollosson v Lee [2019] EWHC 784 (QB) This article originally appeared in Issue 1. Three recent consent cases illustrate the critical importance of both limbs of an informed consent post-Montgomery -…
May 1, 2019Posted inClinical negligence, Issue 1Tags: