Posted inClinical Negligence Issue 14 Quantum

Quantum Trial in Cerebral Palsy Case

Quantum Trial in Cerebral Palsy Case John Whitting KC and Thomas Hayes CCC v Sheffield Teaching Hospitals NHS Foundation Trust [2023] EWHC 1770 (KB) Background The Claimant was a young girl who developed cerebral palsy with severe spastic quadriplegia, profound learning disabilities, visual impairment and epilepsy following severe chronic partial…
September 28, 2023Posted inClinical Negligence, Issue 14, QuantumTags: , ,
Posted inClinical Negligence Issue 14

Fabrication of Medical Records

Fabrication of Medical Records Shaheen Rahman KC Astley v Lancashire Teaching Hospitals NHS Foundation Trust [2023] EWHC 1921 (KB) Mr Justice Martin Spencer found for the Claimant in this brain injury case, notable for his conclusion that the medical records were not only inaccurate but fabricated by midwifery staff. The…
September 27, 2023Posted inClinical Negligence, Issue 14Tags: ,
Posted inClinical Negligence Issue 7

Private International Law and Clinical Negligence (Part 2)

Roberts v Soldiers, Sailors, Airmen and Families Association – Forces Help [2020] EWCA Civ 926 The Court of Appeal has confirmed that the Civil Liability (Contribution) Act 1978 (“the 1978 Act”) has extra-territorial effect and applied its limitation period to a contribution claim brought by the MOD and Soldiers, Sailors,…
March 8, 2021Posted inClinical Negligence, Issue 7Tags: , ,
Posted inClinical Negligence Issue 6 Procedural

Private International Law and Clinical Negligence

Roberts v Soldiers, Sailors, Airmen and Families Association [2020] EWHC 994  This article originally appeared in Issue 6 (September 2020). The High Court decided two preliminary issues of private international law in a claim alleging negligence of a midwife resulting in acute profound hypoxic brain injury at a hospital in…
September 1, 2020Posted inClinical Negligence, Issue 6, ProceduralTags: , ,
Posted inClinical Negligence Issue 6

Monitoring During Labour

NKX v Barts Health NHS Trust [2020] EWHC 839 (QB)  This article originally appeared in Issue 6 (September 2020). The Facts  This was a liability only hearing where the Claimant alleged that his mother was given insufficient warning that she should have continuous fetal monitoring (“CFM”) when she was in…
September 1, 2020Posted inClinical Negligence, Issue 6Tags: , , ,
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…
March 1, 2020Posted inClinical Negligence, Issue 4Tags: ,