Posted inClinical negligence Issue 14

Reasonable Alternative Treatments

Reasonable Alternative Treatments Jeremy Hyam KC Bilal v St Georges University Hospital NHS Foundation Trust [2023] EWCA Civ 605 This Court of Appeal decision was given on 13 June 2023 (after the oral hearing in McCulloch and others v Forth Valley Health Board [2023] UKSC 26 [see pages 9-11 of…
October 2, 2023Posted inClinical negligence, Issue 14Tags: ,
Posted inIssue 8 Procedural

Some Procedural Issues in Brief

Jarman v Brighton and Sussex University Hospitals NHS Trust [2020] EWHC 3238 (QB) Cherian v Cambridge University Hospitals NHS Foundation Trust [2020] EWHC 3601 (QB) Taleb (A Child Proceeding by His Litigation Friend M) v Imperial College Healthcare NHS Trust [2020] EWHC 1147 (QB) When can an expert in one…
April 15, 2021Posted inIssue 8, ProceduralTags:
Posted inClinical negligence Issue 8

Another trip down memory lane . . .

Ismail v Joyce [2020] EWHC 3453 (QB) R (Dutta) v GMC [2020] EWHC 1974 (Admin) We have previously in QMLR– see CXB v North West Anglia NHS Foundation Trust [2019] EWHC 2053 (QB) covered in Issue 3, November 2019 - considered the developing caselaw in respect of the judicial assessment…
April 15, 2021Posted inClinical negligence, Issue 8Tags:
Posted inClinical negligence Issue 7

Informed Consent

Alan McNab and Others v Greater Glasgow Health Board [2020] CSOH 53 Plant v El-Amir [2020] EWHC 2902 (QB) Updated GMC Guidance on Consent, effective from 9 November 2020 On 9th November 2020, new guidance from the GMC came into force with respect to informed consent. This guidance was produced…
March 8, 2021Posted inClinical negligence, Issue 7Tags:
Posted inIssue 5 Regulatory

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…
May 1, 2020Posted inIssue 5, Regulatory
Posted inClinical negligence Special Issue

Legal Immunity in the Covid-19 Pandemic?

It was reported over the weekend of 18-19 April 2020 that the Medical Defence Union (“MDU”), which provides legal support to around 200,000 doctors, was calling for a debate on the need for emergency legislation to protect doctors from negligence claims arising from the COVID-19 emergency.  The particular concerns raised…
April 1, 2020Posted inClinical negligence, Special IssueTags: , ,
Posted inIssue 4 Public

Judicial Review and Continuing Healthcare – When Relief Will Be Denied

R (ota Gossip) v NHS Surrey Downs CCG [2019] EWHC 3411 (Admin)  This article originally appeared in Issue 4 (May 2020). This was a judicial review of a decision that the Claimant was not eligible for NHS Continuing Healthcare. The Claimant had suffered a severe spinal injury while playing rugby…
March 1, 2020Posted inIssue 4, Public
Posted inCosts Issue 4

QOCS and Mixed Claims

Brown v Commissioner of Police for the Metropolis [2019] EWCA 1724  This article originally appeared in Issue 4 (March 2020). The Court of Appeal has clarified that if proceedings involve a claim for damages for personal injury together with a non-personal injury claim, the costs protection under the qualified one-way…
March 1, 2020Posted inCosts, Issue 4Tags:
Posted inIssue 4 Public

Judicial Review and Reconfiguration

R (Nettleship) v (1) NHS South Tyneside Clinical Commissioning Group (2) NHS Sunderland Clinical Commissioning Group [2020] EWCA Civ 46  This article originally appeared in Issue 4 (March 2020). This was a judicial review of a hospital reconfiguration decision following a consultation by the Clinical Commissioning Group (“CCG”). The appellant…
March 1, 2020Posted inIssue 4, Public
Posted inIssue 4 Public

Gender Reassignment for Prisoners

R (ota KK) Tavistock & Portman NHS Foundation Trust [2019] EWHC 3565 (Admin)  This article originally appeared in Issue 4 (March 2020). This judicial review sought to challenge the decision by an NHS Trust to refuse to recommend a transgender prisoner for NHS-funded gender reassignment surgery by reference to an…
March 1, 2020Posted inIssue 4, PublicTags: , ,