Posted inClinical Negligence Issue 16 Regulatory

National Commission calls for evidence on the regulation of AI in healthcare

National Commission calls for evidence on the regulation of AI in healthcare Robert Kellar KC AI is set to transform and disrupt the way in which healthcare is delivered.  The Government’s 10-year health plan for England commits the NHS to becoming “the most AI-enabled healthcare system in the world”, supported…
January 5, 2026Posted inClinical Negligence, Issue 16, RegulatoryTags: , ,
Posted inClinical Negligence Issue 11

Non-Delegable Duty Healthcare Litigation: The Widening Woodland Boundaries

Hughes v Rattan [2022] EWCA Civ 107 In Hughes v Rattan [2022] EWCA Civ 107, the Court of Appeal answered the following question: was the owner and principal of a dental practice liable for the negligence of his self-employed associates? The claim arose from NHS care provided by three associate dentists. The…
May 24, 2022Posted inClinical Negligence, Issue 11Tags: , ,
Posted inClinical Negligence Issue 10

Dental Negligence, Vicarious Liability and Non-Delegable Duty: A Test Case

Hughes v Rattan [2021] EWHC 2032 (QB) In Hughes v Rattan [2021] EWHC 2032 (QB), the High Court was asked to answer the following question: was the owner of a dental practice liable for the dental negligence of a self-employed dentist engaged to work in the practice? The claim arose from NHS…
January 24, 2022Posted inClinical Negligence, Issue 10Tags: ,
Posted inClinical Negligence Issue 9

Supreme Court Revisits Wrongful Birth Claims

Khan v Meadows [2021] UKSC 21 In Khan v Meadows [2021] UKSC 21 the Supreme Court has revisited the principles to be applied in 'wrongful birth” claims: claims for the cost of bringing up a disabled child who would not have been born but for a doctor’s negligent medical advice/treatment.…
July 28, 2021Posted inClinical Negligence, Issue 9Tags: ,
Posted inClinical Negligence Issue 7

Mental Health, Clinical Negligence and the Illegality Defence

Ecila Henderson v Dorset Healthcare University NHS Trust Foundation [2020] UKSC 43 In Ecila Henderson v Dorset Healthcare University NHS Trust Foundation [2020] UKSC 43 the Supreme Court has revisited the defence of illegality (“ex turpi causa”) in the context of a claim for clinical negligence. The Claimant — a…
March 8, 2021Posted inClinical Negligence, Issue 7Tags:
Posted inIssue 6 Regulatory

GMC Not Bound by Erroneous First Instance Concession on Appeal

General Medical Council v Zafar [2020] EWHC 246  This article originally appeared in Issue 6 (September 2020). In General Medical Council v Zafar [2020] EWHC 246 a Divisional Court of the High Court affirmed two propositions: one surprising, one not. Unsurprisingly, the court affirmed the proposition that doctors who prepare…
September 1, 2020Posted inIssue 6, RegulatoryTags:
Posted inIssue 3 Regulatory

The Death of the Right to Silence in Regulatory Proceedings?

Kuzmin v GMC [2019] EWHC 2129 (Admin)  Sanusi v GMC [2019] EWCA Civ 1172  This article originally appeared in Issue 3 (November 2019). Two recent cases have important consequences for regulated professionals who fail to participate in regulatory hearings. In Kuzmin v GMC [2019] EWHC 2129 (Admin) the issue was…
November 1, 2019Posted inIssue 3, RegulatoryTags: , ,