Posted inClinical negligence Issue 3

Wrongful Birth

Mordel v Royal Berkshire NHS Foundation Trust [2019] EWHC 2591 (QB)  This article originally appeared in Issue 3 (November 2019). The Claimant succeeded in establishing liability in this unusual wrongful birth claim before Mr Justice Jay.  Background  She alleged that the Defendant’s failure to carry out screening for Down’s syndrome…
November 1, 2019Posted inClinical negligence, Issue 3Tags: ,
Posted inIssue 3 Procedural

Interim Injunctions and Disciplinary Proceedings

Smo v Hywel Dda University Health Board [2019] EWHC 1973 (QB) This article originally appeared in Issue 3 (November 2019). The High Court granted an interim injunction to a consultant colorectal surgeon facing disciplinary proceedings as a result of allegations about his capability and conduct.  Background  Suspended since 2016 pending…
November 1, 2019Posted inIssue 3, ProceduralTags:
Posted inIssue 3 Public

Best Interests

Tafida Raqeeb (By Her Litigation Friend XX) v Barts NHS Foundation Trust [2019] EWHC 2531 (Admin)  This article originally appeared in Issue 3 (November 2019). In a tragic case concerning five year-old Tafida Raqeeb, MacDonald J considered whether withdrawal of life sustaining treatment was in her best interests. He ultimately…
November 1, 2019Posted inIssue 3, PublicTags: , ,
Posted inClinical negligence Issue 3 Procedural Regulatory

In Brief – November 2019

In each issue, where we can't cover cases in full, we attempt to cover them in brief. Below are cases covered in brief in Issue 3, November 2019. Lesforis v Tolias [2019] EWCA Civ 487 – appeal against a decision of Martin Spencer J in which, following a full liability…
November 1, 2019Posted inClinical negligence, Issue 3, Procedural, RegulatoryTags:
Posted inIssue 3 Public

What is a ‘Mother’ in Law?

TT, R (on the application of) v The Registrar General for England and Wales [2019] EWHC 2384 (Fam)  This article originally appeared in Issue 3 (November 2019). A person who undergoes the physical and biological process of carrying a pregnancy and giving birth, irrespective of gender? This was the ruling…
November 1, 2019Posted inIssue 3, PublicTags: ,
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,…
November 1, 2019Posted inClinical negligence, Issue 3Tags: , ,
Posted inClinical negligence Issue 3

Causation and Pragmatism

Marshall v Schembri [2019] EWHC 283 (QB)  This article originally appeared in Issue 3 (November 2019). In this judgment of Stewart J the court considered a claim brought by the widower of a woman who died due to cardiac arrest. She had a history of pulmonary embolism (“PE”). It was…
November 1, 2019Posted inClinical negligence, Issue 3Tags:
Posted inClinical negligence Issue 3

Are Honest Recollections Reliable?

CXB v North West Anglia NHS Foundation Trust [2019] EWHC 2053 (QB)  This article originally appeared in Issue 3 (November 2019). Background  This was a claim for negligence in the management of the Claimant’s birth where unusually the trial focussed on a single key issue of disputed fact. It had…
November 1, 2019Posted inClinical negligence, Issue 3Tags:
Posted inInquests Issue 3

Causation and Inquests

R (Chidlow) v HM Senior Coroner for Blackpool and Fylde [2019] EWHC 581 (Admin)  This article originally appeared in Issue 3 (November 2019). The facts  The Divisional Court heard a challenge to a coronial determination that it was not safe to leave the issue of any potential causal link between…
November 1, 2019Posted inInquests, 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…
November 1, 2019Posted inClinical negligence, Issue 3Tags: , ,