Posted inClinical Negligence Issue 3

Assessing the Standard of Care – Past or Present?

Jones v Taunton and Somerset NHS Foundation Trust [2019] EWHC 1408 (QB)  This article originally appeared in Issue 3 (November 2019). It is trite law that if a doctor acts in accordance with a responsible body of medical opinion at the time of the treatment, their actions are not negligent,…
Posted inClinical Negligence, Issue 3Tags: , ,
Posted inClinical Negligence Issue 3

Expert Evidence and Material Contribution

Arksey v Cambridge University Hospitals NHS Foundation Trust [2019] EWHC 1276 (QB)  This article originally appeared in Issue 3 (November 2019). Background  On 3 November 2012, the Claimant suffered a cerebral aneurysm rupture. She was taken by ambulance to Addenbrooke’s Hospital complaining of symptoms principally of confusion. She was discharged…
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Posted inClinical Negligence Issue 3

Expert Evidence – Do’s and Don’ts

ZZZ v Yeovil District Hospital NHS Foundation Trust [2019] EWHC 1642 (QB)  This article originally appeared in Issue 3 (November 2019). Following a car accident in 2011, XXX brought proceedings against ZZZ. The claim was settled for £3 million plus annual periodical payments. ZZZ then brought contribution proceedings against Yeovil…
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Posted inClinical Negligence Issue 3

Secondary Victim Claims and Clinical Negligence

Paul v The Royal Wolverhampton NHS Trust (Rev 1) [2019] EWHC 2893 (QB)  This article originally appeared in Issue 3 (November 2019). This was an application for strike out and/or summary judgment heard by Master Cook in a secondary victim claim.  Background  Mr Paul had a significant medical history including…
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Posted inClinical Negligence Issue 3

Assessing the Standard of Care – Junior Doctors

George Andrews v Greater Glasgow Health Board [2019] CSOH 31  This article originally appeared in Issue 3 (November 2019). Background  This Scottish case arose from the death of Ms Jean Graham and was brought by her partner of 20 years, Mr George Andrews. Ms Graham had attended hospital on 6…
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Posted inClinical Negligence Costs Issue 2 Personal injury Quantum

Fundamental Dishonesty

This article originally appeared in Issue 2 (July 2019). Introduction  There are two separate and distinct regimes relating to fundamental dishonesty in litigation which have been available in personal injury claims since 2013. However, in the last year or two, there has been increasing attention focused on the perils and…
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