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…
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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…
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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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