Posted inClinical Negligence Issue 16

Facing down extortion: NHS trusts and healthcare data

Facing down extortion: NHS trusts and healthcare data Leo Kirby Barts Health NHS Trust v Persons Unknown [2025] EWHC 3230 (KB) This judgment of Cavanagh J, sitting as the interim applications and Out-of-Hours judge on 8 December 2025, illustrates the circumstances where a court will grant a without-notice pre-action application…
January 12, 2026Posted inClinical Negligence, Issue 16Tags: ,
Posted inClinical Negligence Issue 16

Birth injuries and expert evidence

Birth injuries and expert evidence Elizabeth-Anne Gumbel KC OAJ By His Mother and Litigation Friend CFT v Dorset County Hospitals NHS Foundation Trust [2025] EWHC 3345 This is the third birth damage case in just over 3 years in which Mr Justice Ritchie has been the trial Judge. The other…
January 9, 2026Posted inClinical Negligence, Issue 16Tags: , , ,
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 15

Establishing the facts in the face of silence and uncertainty

Establishing the facts in the face of silence and uncertainty Leo Kirby Shaheen & Ahmed (Estate of Ajaz Ahmed) v Daish [2025] EWHC 3056 (KB) This case shows how claimants can convince the court that their version of the facts is right despite the contemporaneous record being silent and neither…
December 17, 2025Posted inClinical Negligence, Issue 15Tags: ,
Posted inClinical Negligence Issue 15

Expert evidence refused for a Defendant who puts a Claimant to proof

Expert evidence refused for a Defendant who puts a Claimant to proof Robert Mills Fox v Moroney and Others [unreported, 5 September 2025] The claim was brought against a dental practice for negligent dental treatment performed by dentists based at the practice. The allegations were based on breaches of non-delegable duties…
November 13, 2025Posted inClinical Negligence, Issue 15Tags: , ,
Posted inAbuse / Child Abuse Clinical Negligence Issue 15

Child Abuse and Scope of Duty of Medical Practitioners

Child Abuse and Scope of Duty of Medical Practitioners Rajkiran Arhestey Conway v Yeovil District Hospitals NHS Foundation Trust & Anor [2025] EWHC 2488 (KB) In this sad case, Turner J considered the scope of duty of hospital doctors towards a baby who was the victim of an assault perpetrated…
October 15, 2025Posted inAbuse / Child Abuse, Clinical Negligence, Issue 15Tags: , , , ,
Posted inClinical Negligence Issue 15

Bailey v (1) Bijlani (2) MBNA Ltd [2025] EWHC 175 (KB) and medical treatment claims under the Consumer Credit Act 1974

Bailey v (1) Bijlani (2) MBNA Ltd [2025] EWHC 175 (KB) and medical treatment claims under the Consumer Credit Act 1974 Richard Mumford This is an updated version of an article which previously appeared in QMLR Issue 8 in April 2021 Introduction Where medical treatment has been paid for on…
July 4, 2025Posted inClinical Negligence, Issue 15
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: