Posted inClinical negligence Data and Information Issue 15

Anonymity orders: putting the genie back in the bottle?

Anonymity orders: putting the genie back in the bottle? Leo Kirby PMC -v- A Local Health Board [2024] EWHC 2969 (KB) Nicklin J provides guidance on when and how to seek orders for anonymity and/or reporting restrictions. The default position must be open justice: it is for the applicant to…
December 3, 2024Posted inClinical negligence, Data and Information, Issue 15Tags: ,
Posted inClinical negligence Issue 15

Extracting Informed Consent

Extracting Informed Consent Matthew Leitch Winterbotham v Shahrak [2024] EWHC 2633 (KB) Background In Winterbotham, the Claimant had suffered a partially erupted wisdom tooth for many years, which had caused several episodes of pericoronitis (inflammation of the surrounding gum tissue) with associated pain and discomfort. Because of the lengthy wait…
November 18, 2024Posted inClinical negligence, Issue 15Tags: ,
Posted inClinical negligence Issue 15

A case-study in witness credibility: Deakin-Stephenson v Behar & Anor [2024] EWHC 2338 (KB)

A case-study in witness credibility: Deakin-Stephenson v Behar & Anor [2024] EWHC 2338 (KB) Amelia Williams Background: In November 2016 the Claimant collapsed with acute abdominal pain whilst in a hairdresser in Fulham, London. Investigations at A&E revealed that she had developed diverticulitis with a localised perforation. Her surgeon, Mr…
October 28, 2024Posted inClinical negligence, Issue 15Tags: ,
Posted inClinical negligence Issue 14 Uncategorized

The Supreme Court Examine Vicarious Liability for Rape in the Context of a Religious Organisation

The Supreme Court Examine Vicarious Liability for Rape in the Context of a Religious Organisation Lizanne Gumbel KC Trustees of the Barry Congregation of Jehovah's Witnesses v BXB [2023] UKSC 15 Introduction In 1965, Lord Pearce, in the case of Imperial Chemical Industries Ltd v Shatwell [1965] AC 656, described…
October 4, 2023Posted inClinical negligence, Issue 14, UncategorizedTags:
Posted inClinical negligence Issue 14

Bolam, Bolitho and Informed Consent

Bolam, Bolitho and Informed Consent Dominic Ruck Keene McCulloch and Others v Forth Valley Health Board [2023] UKSC 26 The Supreme Court has given an authoritative re-statement of the application of the ‘Professional Practice Test’ or ‘Bolam’ test in the context of informed consent.  This was a Scottish case, but…
October 3, 2023Posted inClinical negligence, Issue 14Tags:
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 inClinical negligence Issue 14

Court of Appeal Upholds the High Court’s Decision That Long Waiting Times for Transgender Healthcare are Lawful

Court of Appeal Upholds the High Court’s Decision That Long Waiting Times for Transgender Healthcare are Lawful Lucy McCann R (on the application of AA (A Child)) v National Health Service Commissioning Board (NHS England) [2023] EWCA Civ 902 on appeal from [2023] EHWC 43 (Admin). On 16 January 2023,…
September 29, 2023Posted inClinical negligence, Issue 14Tags: ,
Posted inClinical negligence Issue 14 Quantum

Quantum Trial in Cerebral Palsy Case

Quantum Trial in Cerebral Palsy Case John Whitting KC and Thomas Hayes CCC v Sheffield Teaching Hospitals NHS Foundation Trust [2023] EWHC 1770 (KB) Background The Claimant was a young girl who developed cerebral palsy with severe spastic quadriplegia, profound learning disabilities, visual impairment and epilepsy following severe chronic partial…
September 28, 2023Posted inClinical negligence, Issue 14, QuantumTags: , ,
Posted inClinical negligence Issue 14

Fabrication of Medical Records

Fabrication of Medical Records Shaheen Rahman KC Astley v Lancashire Teaching Hospitals NHS Foundation Trust [2023] EWHC 1921 (KB) Mr Justice Martin Spencer found for the Claimant in this brain injury case, notable for his conclusion that the medical records were not only inaccurate but fabricated by midwifery staff. The…
September 27, 2023Posted inClinical negligence, Issue 14Tags: ,
Posted inClinical negligence Issue 14

Interest and Part 36 Offers

Interest and Part 36 Offers Angus McCullough KC MGS v University Hospitals Bristol and Weston NHS Foundation Trust [2023] EWHC 1547 (KB) Facts This case related to a high value brain injury from neonatal hypoglycaemia, which settled on the basis of a lump sum of £9.3 million plus periodical payments. Procedural…
September 26, 2023Posted inClinical negligence, Issue 14Tags: