Posted inClinical negligence Issue 10

Resiling from an Admission in a Pleaded Defence

James Dulson v Svitlana Popovych [2021] EWHC 1515 (QB) This decision of Deputy High Court Judge Lickley QC arose in the context of an application by a Defendant, who was a registered nurse practitioner, to resile from an admission of breach of duty made in a defence. The application was…
January 19, 2022Posted inClinical negligence, Issue 10Tags:
Posted inClinical negligence Issue 8

Spinal Surgery

Henry v Oxford University Hospitals NHS Foundation Trust [2020] EWHC 3306 (QB) This claim concerned posterior instrumental fusion surgery which took place on 22 July 2010. The Claimant alleged that there was failure to recognise misplacement of the L5 pedicle screw, either intra-operatively, in the immediate post-operative period or longer…
April 15, 2021Posted inClinical negligence, Issue 8Tags:
Posted inClinical negligence Issue 6

Bolam, Bolitho, or Both-of-‘Em?

Bradfield-Kay v Cope [2020] EWHC 1351 (QB)  This article originally appeared in Issue 6 (September 2020). This split trial on breach of duty concerned allegations relating to the performance of a total left hip replacement by the Defendant. Of interest is the approach taken by the judge to the distinction…
September 1, 2020Posted inClinical negligence, Issue 6Tags: ,
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 5

Duty to Tell a Child About Risk of Genetic Condition?

ABC v St George's Healthcare NHS Trust & Ors [2020] EWHC 455 (QB)  This article originally appeared in Issue 5 (May 2020). This fascinating judgment of Yip J considers whether the Defendants had a duty of care to alert the Claimant (“ABC”) to the risk that she had inherited the…
May 1, 2020Posted inClinical negligence, Issue 5Tags: ,
Posted inPersonal injury Special Issue

PPE Provision

One of the totemic issues that has emerged over recent weeks as part of the COVID-19 pandemic is the provision of ‘appropriate’ and ‘sufficient’ Personal Protective Equipment (“PPE”), above all to those providing hands-on care to patients in hospital and to residents in care homes.  Leaving aside criminal liability for…
April 1, 2020Posted inPersonal injury, Special IssueTags: , , ,
Posted inClinical negligence Special Issue

Legal Immunity in the Covid-19 Pandemic?

It was reported over the weekend of 18-19 April 2020 that the Medical Defence Union (“MDU”), which provides legal support to around 200,000 doctors, was calling for a debate on the need for emergency legislation to protect doctors from negligence claims arising from the COVID-19 emergency.  The particular concerns raised…
April 1, 2020Posted inClinical negligence, Special IssueTags: , ,
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: ,
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,…
November 1, 2019Posted inClinical negligence, Issue 3Tags: , ,