Posted inClinical negligence Issue 13 Personal injury

Who gets to go to theatre for urgent surgery first?

Matthew Donmall Middleton v Frimley Health NHS Foundation Trust [2022] EWHC 2981 (KB) Deputy High Court Judge Jonathan Glasson KC heard this case concerning the timing of revascularisation surgery at Frimley Park Hospital, and whether it was mandatory for the Claimant to be operated on within 6 hours of the…
July 18, 2023Posted inClinical negligence, Issue 13, Personal injuryTags:
Posted inClinical negligence Issue 13 Personal injury

High Court Finds Long Waiting Times for Trans Healthcare are Lawful

R. (on the application of AA (A Child)) v National Health Service Commissioning Board (NHS England) [2023] EWHC 43 (Admin) Background The demand for young people receiving gender identity development services (‘GIDS’) and for adults receiving gender identity disorder services (also, helpfully, ‘GIDS’) has increased substantially from 2012 to 2017,…
July 18, 2023Posted inClinical negligence, Issue 13, Personal injuryTags:
Posted inClinical negligence Issue 13 Personal injury

Departing from Guidelines and Balancing of Risks in Different Medical Settings

Mrs Marion O'Brien (Administratrix of the Estate of Mr John Berry (Deceased)) v Guy's & St Thomas' NHS Trust [2022] EWHC 2735 (KB) At [99] HHJ Tindal (sitting as a Judge of the High Court) summarises aptly that “this case turns not on debates about causation – or indeed the…
July 18, 2023Posted inClinical negligence, Issue 13, Personal injuryTags:
Posted inClinical negligence Issue 13 Personal injury

Cancer and Contributory Negligence: Who is the Objectively Reasonable Patient?

Otu v Vivek Datta [2022] EWHC 2388 (KB) When will a patient be partly at fault for not following up when their doctor negligently fails to arrange an appointment? That was the question asked of the High Court in Otu v Datta, a case concerning the death of the Claimant’s…
July 18, 2023Posted inClinical negligence, Issue 13, Personal injuryTags: , ,
Posted inClinical negligence Issue 13 Personal injury

Consent and Factual Causation – Two Recent Cases

Watts v North Bristol NHS Trust [2022] EWHC 2048 (QB) Snow v Royal United Hospitals Bath NHS Foundation Trust [2023] EWHC 42 (KB) Two cases from the past year illustrate the importance of factual causation as an issue in litigation concerning consent to treatment and provide various reminders on points…
July 18, 2023Posted inClinical negligence, Issue 13, Personal injury
Posted inClinical negligence Issue 13 Personal injury

Montgomery and Material Contribution

CNZ v Royal Bath Hospitals NHS Foundation Trust and (2) Secretary of State for Health and Social Care Background In January 2023, Mr Justice Ritchie handed down an important decision dealing with Montgomery and causation in birth injury claims. The relevant findings of fact: The Claimant was born in a…
July 18, 2023Posted inClinical negligence, Issue 13, Personal injury
Posted inClinical negligence Issue 12

Out of Hours Emergency Mental Health Provision and Paper Records

Williams v Betsi Cadwaladr University Local Health Board [2022] EWHC 455 (QB) In Williams v Betsi Cadwaladr University Local Health Board [2022] EWHC 455 (QB) following her husband’s suicide after a relapse in his psychiatric condition, the Claimant brought proceedings on behalf of her deceased husband’s estate and herself as…
May 2, 2023Posted inClinical negligence, Issue 12
Posted inClinical negligence Issue 12

Fundamental Dishonesty

Cojanu v Essex Partnership University NHS Trust [2022] EWHC 197 (QB) Mr Cojanu, the Claimant, arrived in prison in need of surgery. His injuries, deep cuts to his fingers, were sustained when he attacked his wife with a knife – the very incident which landed him in prison in the…
May 2, 2023Posted inClinical negligence, Issue 12Tags:
Posted inClinical negligence Issue 12

Cosmetic surgery abroad – whose contract, whose law?

Clarke v Kalecinski [2022] EWHC 488 (QB) Lisa Pal v Dr Luc Damen, Belgo International Research, Applications and Development NV [2022] EWHC 4697 (QB) Two cases (Clarke v Kalecinski & ors [2022] EWHC 488 (QB) and Pal v Damen & ors [2022] EWHC 004697) illustrate some of the difficulties faced by claimants in…
May 2, 2023Posted inClinical negligence, Issue 12Tags:
Posted inClinical negligence Issue 12

Stroke prevention

Watson v Lancashire Teaching Hospitals NHS Foundation Trust [2022] EWHC 148 (QB) Pickering v Cambridge University Hospitals NHS Foundation Trust [2022] EWHC 1171 (QB) Both of these cases were stroke cases involving issues of causation. Both were decided by Mr Justice Andrew Ritchie. General As those with experience of stroke…
May 2, 2023Posted inClinical negligence, Issue 12Tags: