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 inIssue 4 Public

Life-Saving Cancer Treatment Not a Ground for Asylum

R (ERA) v Basildon and Thurrock University Hospitals NHS Foundation Trust [2019] EWHC 1249 (Admin)  This article originally appeared in Issue 4 (March 2020). The High Court held that a person seeking to avoid removal from the United Kingdom on the basis that she would not have access to life-saving…
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Posted inAbuse/Child Abuse Issue 4

Sexual Abuse – A Third Party’s Fault?

BXB v Watch Tower and Bible Tract Society of Pennsylvania [2020] EWHC 156 (QB)  This article originally appeared in Issue 4 (March 2020). On 30 January 2020, Mr Justice Chamberlain gave judgment in BXB v (1) Watch Tower and Bible Tract Society of Pennsylvania (2) Trustees of the Barry Congregation…
March 1, 2020Posted inAbuse/Child Abuse, Issue 4Tags: ,
Posted inIssue 4 Personal injury

Relationship Between Criminal and Civil Liability under the Occupiers’ Liability Act and Causation

Mrs James v The White Lion Hotel [2020] 1 WLUK 39  This article originally appeared in Issue 4 (March 2020). The facts  The Deceased fell out of the sash window of a second-floor hotel room in the middle of the night and died. The sill of the window was much…
March 1, 2020Posted inIssue 4, Personal injuryTags:
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

(Not So) NICE Guidelines?

Sanderson v Guy's and Thomas' NHS Foundation [2020] EWHC 20 (QB)  This article originally appeared in Issue 4 (March 2020). This judgment, delivered by Lambert J on 10 January 2020, is of particular interest for her consideration of the NICE Guidelines and their utility in establishing breach of duty. This specific…
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Discrimination and the NHS Charging Regime

Shu & Anor, R (ota) v The Secretary of State for Health And Social Care & Anor [2019] EWHC 3569 (Admin)  This article originally appeared in Issue 4 (March 2020). SHU, a national of Ghana, entered the UK in 2004 without entry clearance. She gave birth to E in 2007.…
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Posted inClinical negligence Issue 4

Damned Lies: Risk, Statistical Association and Causation

Clements v Imperial College Healthcare NHS Trust [2018] EWHC 2064 AB v East Lancashire Hospitals NHS Trust [2019] EWHC 3542 (QB)  This article originally appeared in Issue 4 (March 2020). We are all familiar with the challenge of proving that a given breach of duty was causally relevant to injury…
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 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: