Posted inClinical negligence Issue 13 Personal injury

Departing from Guidelines and Balancing of Risks in Different Medical Settings

Mrs Marion O'Brien (Administratrix of the Estate of Mr John Berry (Deceased)) v Guy's & St Thomas' NHS Trust [2022] EWHC 2735 (KB) At [99] HHJ Tindal (sitting as a Judge of the High Court) summarises aptly that “this case turns not on debates about causation – or indeed the…
July 18, 2023Posted inClinical negligence, Issue 13, Personal injuryTags:
Posted inClinical negligence Issue 13 Personal injury

Cancer and Contributory Negligence: Who is the Objectively Reasonable Patient?

Otu v Vivek Datta [2022] EWHC 2388 (KB) When will a patient be partly at fault for not following up when their doctor negligently fails to arrange an appointment? That was the question asked of the High Court in Otu v Datta, a case concerning the death of the Claimant’s…
July 18, 2023Posted inClinical negligence, Issue 13, Personal injuryTags: , ,
Posted inClinical negligence Issue 12

Stroke prevention

Watson v Lancashire Teaching Hospitals NHS Foundation Trust [2022] EWHC 148 (QB) Pickering v Cambridge University Hospitals NHS Foundation Trust [2022] EWHC 1171 (QB) Both of these cases were stroke cases involving issues of causation. Both were decided by Mr Justice Andrew Ritchie. General As those with experience of stroke…
May 2, 2023Posted inClinical negligence, Issue 12Tags:
Posted inInquests Issue 9

Testing the Boundaries of Causation in Mesothelioma Deaths

Wandsworth BC v HMC for Inner West London [2021] EWHC 801 (Admin) Mesothelioma deaths arising from asbestos regularly come before coroners. This case, though, is of particular interest because it tests the boundaries of causation in relation to mesothelioma deaths – what evidence is needed to show that asbestos exposure led…
July 5, 2021Posted inInquests, Issue 9Tags:
Posted inInquests Special Issue

Covid-19 and Causation

One key factor that is driving the Government’s response to COVID-19 is the number of deaths. Those are deaths ‘from’ COVID-19, the number of deaths ‘with’ COVID-19, and the number of those who have died with or from COVID-19 who are ‘likely’ to have died within a certain period of…
July 22, 2020Posted inInquests, Special IssueTags: ,
Posted inClinical negligence Issue 5

Consent and Causation

Pepper v Royal Free London NHS Foundation Trust [2020] EWHC 310 (QB)  This article originally appeared in Issue 5 (May 2020). The Claimant alleged that she unnecessarily underwent a laparotomy and Whipple’s procedure, an operation undertaken to remove cancerous tumours from the head of the pancreas. The procedure was carried…
May 1, 2020Posted inClinical negligence, Issue 5Tags: ,