Posted inClinical negligence Issue 11

Non-Delegable Duty Healthcare Litigation: The Widening Woodland Boundaries

Hughes v Rattan [2022] EWCA Civ 107 In Hughes v Rattan [2022] EWCA Civ 107, the Court of Appeal answered the following question: was the owner and principal of a dental practice liable for the negligence of his self-employed associates? The claim arose from NHS care provided by three associate dentists. The…
May 24, 2022Posted inClinical negligence, Issue 11Tags: , ,
Posted inIssue 10 Regulatory

Departure from the GMC Sanctions Guidance

General Medical Council v Bramhall [2021] EWHC (2109) (Admin) In a series of acts referred to by HHJ Farrer QC as “conduct borne of professional arrogance of such magnitude that it strayed into criminal behaviour”, Mr Bramhall used an argon beam cauterising tool to sign his initials on the livers…
January 24, 2022Posted inIssue 10, RegulatoryTags:
Posted inInquests Issue 10

Withdrawal of Benefits, Article 2 and Inquests

Dove v HM Assistant Coroner for Teesside and Hartlepool [2021] EWHC 2511 (Admin) Facts Ms Whiting had spinal conditions since her early twenties, which gave her back pain, required surgery, and regular painkillers. She also had a history of mental health problems (depression, drug dependence, and emotionally unstable personality disorder)…
January 24, 2022Posted inInquests, Issue 10Tags: ,
Posted inInquests Issue 10

Application for Fresh Inquest Refused

Farrell v HMC for North East Hampshire [2021] EWHC 778 (Admin) Applying for a fresh inquest is not straightforward. First, the bereaved have to get permission from the Attorney General. Only once that authority has been granted will they be allowed to apply to the High Court to reopen the…
January 24, 2022Posted inInquests, Issue 10Tags:
Posted inInquests Issue 10

When does the Article 2 Investigative Duty Arise?

R (Morahan) v West London Assistant Coroner [2021] EWHC 1603 (Admin) Facts Tanya Morahan (“Tanya”) had a history of paranoid schizophrenia and harmful cocaine use. From mid-May 2018 she was an inpatient at a rehabilitation unit operated by the Trust. She was initially detained under s.3 of the Mental Health Act…
January 24, 2022Posted inInquests, Issue 10Tags: