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 inInquests Issue 4

Evidence From Behind Screens in Inquests

R (on the application of Dyer) v Assistant Coroner for West Yorkshire (Western) [2019] EWHC 2897 (Admin)  This article originally appeared in Issue 4 (March 2020). Mr Hall, a black man, died shortly after being in police custody and being restrained. The police officers called to give evidence at the…
March 1, 2020Posted inInquests, Issue 4
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 inIssue 4 Personal injury

When Medical Technology Goes Wrong

Hastings v Finsbury Orthopaedics Ltd and Stryker UK Ltd [2019] CSOH 96  This article originally appeared in Issue 4 (March 2020). Modern medicine increasingly makes use of sophisticated technology, from algorithms for assisting in diagnosis to robots for surgical procedures. But what happens when the technology goes wrong; who is…
March 1, 2020Posted inIssue 4, Personal injuryTags: