Posted inClinical Negligence Issue 10

Limitation

Wilkins v University Hospital North Midlands NHS Trust [2021] EWHC 261 (QB). Aderounmu v Colvin [2021 EWHC 2293 (QB) The Facts – Wilkins Deputy High Court Judge Hermer QC determined as a preliminary issue whether the claim against the Defendant Hospital for negligently failing to treat a significant post-knee replacement…
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Posted inClinical Negligence Issue 10

Montgomery and “Reasonable Alternatives”

Malik v St George’s University Hospitals NHSFT [2021] EWHC 1913 (QB) This was a claim about spinal surgery, specifically whether a revision decompression at T10/11 was appropriately advised and whether the Claimant had been adequately advised of reasonable alternative or variant treatments to the surgery which ultimately worsened rather than…
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Posted inClinical Negligence Issue 10

Mind the Gap – Secondary Victims Claims Considered by the Court of Appeal

Paul & Ors v Royal Wolverhampton NHS Trust [2022] EWCA Civ 12 For readers hoping that 2022 would bring more clarity on the scope of secondary victim status in clinical negligence claims, the message from the Court of Appeal is… wait a little longer. The Court of Appeal has handed…
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Posted inClinical Negligence Issue 9

Supreme Court Revisits Wrongful Birth Claims

Khan v Meadows [2021] UKSC 21 In Khan v Meadows [2021] UKSC 21 the Supreme Court has revisited the principles to be applied in 'wrongful birth” claims: claims for the cost of bringing up a disabled child who would not have been born but for a doctor’s negligent medical advice/treatment.…
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Posted inClinical Negligence Issue 9

The Importance of Contemporaneous Medical Records

HXC (by her litigation friend) JXS vs Hind, Craze [2020] 10 WLUK 603 The facts On 8 June 2016, the then 24-year-old Claimant suffered a catastrophic subarachnoid haemorrhage arising from the rupture of a 10-11mm left internal carotid artery aneurysm. As a result of the haemorrhage she had a dense…
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Posted inClinical Negligence Issue 9

Non-Delegable Duty: Different Dentist, Same Drill

Around this time last year, Dominic Ruck Keene examined the County Court decision in Ramdhean v Agedo and The Forum Dental Practice Limited 2020 WL 00620352. HHJ Belcher concluded that a dental practice owed a non-delegable duty of care with respect to treatment carried out by a dentist working there.…
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