Posted inClinical negligence Issue 5

Vicarious Liability – Associate Dentists

Ramdhean v Agedo and The Forum Dental Practice Limited 2020 WL 00620352  This article originally appeared in Issue 5 (May 2020). The Facts  The claim arose out of allegedly negligent care given to the Claimant at a dental surgery. A preliminary hearing was held at Leeds County Court to consider…
May 1, 2020Posted inClinical negligence, Issue 5Tags: , ,
Posted inClinical negligence Costs Court of Protection Inquests Issue 5 Personal injury Procedural Public Quantum Regulatory

In Brief – May 2020

In each issue, we try and cover cases in brief which we were unable to cover in full. Below are the cases covered in brief in Issue 5, May 2020. M (Declaration of Death of Child) [2020] EWCA Civ 164 – Issue was whether the child, Midrar, was legally dead…
May 1, 2020Posted inClinical negligence, Costs, Court of Protection, Inquests, Issue 5, Personal injury, Procedural, Public, Quantum, RegulatoryTags:
Posted inClinical negligence Special Issue

Legal Immunity in the Covid-19 Pandemic?

It was reported over the weekend of 18-19 April 2020 that the Medical Defence Union (“MDU”), which provides legal support to around 200,000 doctors, was calling for a debate on the need for emergency legislation to protect doctors from negligence claims arising from the COVID-19 emergency.  The particular concerns raised…
April 1, 2020Posted inClinical negligence, Special IssueTags: , ,
Posted inClinical negligence Issue 4

Issues in Litigating Informed Consent Claims

Johnstone v NHS Grampian [2019] CSOH 90  This article originally appeared in Issue 4 (March 2020). The Outer House of the Court of Session found that the Pursuer/Claimant (“J”) had given informed consent to the transsphenoidal surgery he underwent and dismissed J’s claim for damages brought against the health authority. …
March 1, 2020Posted inClinical negligence, Issue 4Tags: ,
Posted inClinical negligence Issue 4

How Rare is a Rare Complication?

Collyer v Mid Essex Hospital Services NHS Trust [2019] EWHC 3577 (QB)  This article originally appeared in Issue 4 (March 2020). The Facts  The Claimant underwent a planned surgical removal of his larynx in order to treat recurrent laryngeal cancer. There was no disagreement that this was the only appropriate…
March 1, 2020Posted inClinical negligence, Issue 4Tags:
Posted inAbuse/Child Abuse Clinical negligence Costs Court of Protection Inquests Issue 4 Procedural Quantum Regulatory

In Brief – March 2020

In each issue, we try and cover cases in brief which we were unable to cover in full. Below are the cases covered in brief in Issue 4, March 2020. Attorney General of St Helena v AB and others (St Helena) [2020] UKPC 1 – Privy Council decision considering whether…
March 1, 2020Posted inAbuse/Child Abuse, Clinical negligence, Costs, Court of Protection, Inquests, Issue 4, Procedural, Quantum, RegulatoryTags: