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…

Children, Informed Consent and Puberty Blockers

Bell & Anor v The Tavistock And Portman NHS Foundation Trust [2020] EWHC 3274 (Admin) Introduction This was a claim for judicial review of the practice of the Defendant’s Gender Identity Development Service (GIDS) and two other Trusts joined as Interveners (University College London and Leeds Teaching Hospitals NHS Trusts)…

Bolam, Bolitho, or Both-of-‘Em?

Bradfield-Kay v Cope [2020] EWHC 1351 (QB)  This article originally appeared in Issue 6 (September 2020). This split trial on breach of duty concerned allegations relating to the performance of a total left hip replacement by the Defendant. Of interest is the approach taken by the judge to the distinction…

PSLA in St Helena

Attorney General of St Helena v AB and others (St Helena) [2020] UKPC 1  This article originally appeared in Issue 5 (May 2020). This case arose out of two actions for damages for personal injury brought against a doctor employed on the island of St Helena (in the South Atlantic…

Duty to Tell a Child About Risk of Genetic Condition?

ABC v St George's Healthcare NHS Trust & Ors [2020] EWHC 455 (QB)  This article originally appeared in Issue 5 (May 2020). This fascinating judgment of Yip J considers whether the Defendants had a duty of care to alert the Claimant (“ABC”) to the risk that she had inherited the…

In Brief – May 2020

In each issue, we try and cover cases in brief which we were unable to cover in full. Below are the cases covered in brief in Issue 5, May 2020. M (Declaration of Death of Child) [2020] EWCA Civ 164 – Issue was whether the child, Midrar, was legally dead…