Medical Law Blogs - Page 23 of 28

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…

By Matthew Flinn March 1, 2020Issue 4, Publicasylum, immigration

Issue 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…

By Cara Guthrie March 1, 2020Issue 4, Personal injuryCausation

Inquests 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…

By Rajkiran Arhestey March 1, 2020Inquests, Issue 4

Clinical 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…

By Rajkiran Arhestey March 1, 2020Clinical Negligence, Issue 4birth injury, Breach of duty

Issue 4 Public

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.…

By Rajkiran Arhestey March 1, 2020Issue 4, PublicArticle 14, Article 8, immigration

Clinical 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…

By John Whitting KC March 1, 2020Clinical Negligence, Issue 4Causation, Statistics

Clinical 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…

By Dominic Ruck Keene March 1, 2020Clinical Negligence, Issue 4Causation

Issue 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…

By Alasdair Henderson March 1, 2020Issue 4, Personal injurymedical devices

Issue 4 Procedural

Practice Direction Updates: New Rules for Witness Statements and Statements of Truth

This article originally appeared in Issue 4 (March 2020). Amendments to the Practice Directions coming into force on 6 April 2020 will introduce some important changes to witness statements and statements of truth that readers should be aware of in advance. The updates can be found in full on the…

By Jo Moore March 1, 2020Issue 4, Proceduralwitness evidence

Issue 4 Public

Failure to Recognise Claimant’s Stroke Not a Breach of his Human Rights

Watling v Chief Constable of Suffolk [2019] EWHC 2342 (QB) This article originally appeared in Issue 4 (March 2020). The High Court rejected a claim that a failure to recognise the signs of a stroke in a detained person and transport him to hospital entailed breaches of his human rights. …

By Matthew Flinn March 1, 2020Issue 4, PublicArticle 3

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