Posted inClinical Negligence Issue 15

Fundamental dishonesty: recent lessons

Fundamental dishonesty: recent lessons Elizabeth-Anne Gumbel KC Ms Wilma Agnes Cullen - and – Dr Ruth Henniker-Major [2024] EWHC 2809 (KB) This was a clinical negligence case arising out of a negligently delayed diagnosis of laryngeal cancer, resulting in more extensive treatment for the cancer than would otherwise have been…
March 17, 2025Posted inClinical Negligence, Issue 15Tags:
Posted inClinical Negligence Issue 15

MJF: a re-emphasis on statements of case and evidential rigour

MJF: a re-emphasis on statements of case and evidential rigour Allyna Ng MJF (a Protected Party proceeding by her mother and litigation friend, ITZ) v University Hospitals Birmingham NHS Trust [2024] EWHC 3156 (KB) The Claimant, MJF, alleged that her surgery had been conducted negligently, causing a severe deterioration in…
March 6, 2025Posted inClinical Negligence, Issue 15Tags: ,
Posted inClinical Negligence Issue 15

Disentangling symptoms and their causes

Disentangling symptoms and their causes Matthew Leitch Tuffin v University Hospitals Coventry and Warwickshire NHS Trust [2024] EWHC 3318 (KB) Background In Tuffin, the Claimant underwent elective spinal surgery in 2015. In breach of duty, the Defendant failed to administer Clexane (a medication to prevent blood clots) post-surgery. This resulted…
March 3, 2025Posted inClinical Negligence, Issue 15Tags: ,
Posted inClinical Negligence Issue 15

Court of Appeal Gives Guidance as to Correct Approach to Anonymity Orders Until Outcome of PMC Appeal

Court of Appeal Gives Guidance as to Correct Approach to Anonymity Orders Until Outcome of PMC Appeal Rajkiran Arhestey PMC v A Local Health Board [2025] EWCA Civ 176 The Court of Appeal has given guidance to practitioners on how to approach anonymity orders until the resolution of the appeal…
February 25, 2025Posted inClinical Negligence, Issue 15Tags:
Posted inClinical Negligence Issue 15

The limits of discretion in case management decisions

The limits of discretion in case management decisions Leo Kirby Prescott-Brann v Chelsea and Westminster Hospital NHS Foundation Trust [2024] EWHC 3314 (KB) Background The underlying claim was an action in clinical negligence. The Claimant’s case was that a negligent delay in the diagnosis and treatment of his stroke had…
February 6, 2025Posted inClinical Negligence, Issue 15Tags:
Posted inClinical Negligence Data & 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 & 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

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

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 14Tags:
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: