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,…
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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…
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Posted inIssue 3 Regulatory

Dishonesty – Serious Professional Misconduct

Collen Nkomo v General Medical Council [2019] EWHC 2625 (Admin)  This article originally appeared in Issue 3 (November 2019). The High Court dismissed an appeal of a locum general practitioner against the decision of the Medical Practitioners Tribunal (“the Tribunal”) erasing his name from the register of medical practitioners.  Background …
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Posted inIssue 3 Regulatory

The Death of the Right to Silence in Regulatory Proceedings?

Kuzmin v GMC [2019] EWHC 2129 (Admin)  Sanusi v GMC [2019] EWCA Civ 1172  This article originally appeared in Issue 3 (November 2019). Two recent cases have important consequences for regulated professionals who fail to participate in regulatory hearings. In Kuzmin v GMC [2019] EWHC 2129 (Admin) the issue was…
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Posted inIssue 3 Procedural

Failure to Serve a Defence on Time and Relief from Sanctions

Kember v (1) Croydon Health Services NHS Trust (2) King’s College Hospital NHS Foundation Trust [2019] EWHC 2297 (QB)  This article originally appeared in Issue 3 (November 2019). Background  Proceedings were issued on 6 June 2018 and served on 28 September 2018 following a limitation extension. The Defence was due…
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Posted inClinical Negligence Issue 3

Expert Evidence – Do’s and Don’ts

ZZZ v Yeovil District Hospital NHS Foundation Trust [2019] EWHC 1642 (QB)  This article originally appeared in Issue 3 (November 2019). Following a car accident in 2011, XXX brought proceedings against ZZZ. The claim was settled for £3 million plus annual periodical payments. ZZZ then brought contribution proceedings against Yeovil…
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Posted inClinical Negligence Issue 3

Secondary Victim Claims and Clinical Negligence

Paul v The Royal Wolverhampton NHS Trust (Rev 1) [2019] EWHC 2893 (QB)  This article originally appeared in Issue 3 (November 2019). This was an application for strike out and/or summary judgment heard by Master Cook in a secondary victim claim.  Background  Mr Paul had a significant medical history including…
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