Posted inClinical Negligence Issue 16

Late amendment refused in clinical negligence cauda equina claim

Late amendment refused in clinical negligence cauda equina claim Robert Mills Williams v Wilkinson [2026] EWHC 1088 (KB) On 8 May 2026, Mr Justice Cotter refused the Claimant's application to amend her Particulars of Claim, to rely on further witness and expert evidence, and to vacate the imminent trial in…
Posted inClinical Negligence, Issue 16Tags: , , ,
Posted inClinical Negligence Issue 16

Risk assessment, the HTT and bed availability: causation in a tragic mental-health claim

Risk assessment, the HTT and bed availability: causation in a tragic mental-health claim Robert Mills Ridge v Dorset Healthcare University NHS Foundation Trust [2026] EWHC 898 (KB) In a judgment handed down on 17 April 2026, Edmund Burge KC (sitting as a Deputy Judge of the High Court) dismissed a…
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Posted inInquests Issue 16

The Court of Appeal rejects the premature restriction of scope in domestic abuse inquest

The Court of Appeal rejects the premature restriction of scope in domestic abuse inquest Leo Kirby R (on the application of O’Brien) v HM Assistant Coroner for Sefton, Knowsley and St Helens [2026] EWCA Civ 499 Introduction The Court of Appeal (Newey, Edis and Whipple LJJs) has allowed the appeal…
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Posted inClinical Negligence Issue 16

LXLP: The role of clinical guidance and whether ‘risk reduction’ is sufficient to prove causation

LXLP: The role of clinical guidance and whether ‘risk reduction’ is sufficient to prove causation Marcus Coates-Walker LXLP v St George’s University Hospitals NHS Foundation Trust [2026] EWHC 560 (KB)  Summary In what context should breach of duty be assessed where national medical guidance is inconsistent with the Defendant’s local hospital…
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Posted inAbuse / Child Abuse Clinical Negligence Issue 15

Child Abuse and Scope of Duty of Medical Practitioners

Child Abuse and Scope of Duty of Medical Practitioners Rajkiran Arhestey Conway v Yeovil District Hospitals NHS Foundation Trust & Anor [2025] EWHC 2488 (KB) In this sad case, Turner J considered the scope of duty of hospital doctors towards a baby who was the victim of an assault perpetrated…
Posted inAbuse / Child Abuse, Clinical Negligence, Issue 15Tags: , , , ,
Posted inClinical Negligence Issue 15

MJF: a re-emphasis on statements of case and evidential rigour

MJF: a re-emphasis on statements of case and evidential rigour Allyna Ng MJF (a Protected Party proceeding by her mother and litigation friend, ITZ) v University Hospitals Birmingham NHS Trust [2024] EWHC 3156 (KB) The Claimant, MJF, alleged that her surgery had been conducted negligently, causing a severe deterioration in…
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Posted inClinical Negligence Issue 15

Disentangling symptoms and their causes

Disentangling symptoms and their causes Matthew Leitch Tuffin v University Hospitals Coventry and Warwickshire NHS Trust [2024] EWHC 3318 (KB) Background In Tuffin, the Claimant underwent elective spinal surgery in 2015. In breach of duty, the Defendant failed to administer Clexane (a medication to prevent blood clots) post-surgery. This resulted…
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Posted inClinical Negligence Issue 15

Extracting Informed Consent

Extracting Informed Consent Matthew Leitch Winterbotham v Shahrak [2024] EWHC 2633 (KB) Background In Winterbotham, the Claimant had suffered a partially erupted wisdom tooth for many years, which had caused several episodes of pericoronitis (inflammation of the surrounding gum tissue) with associated pain and discomfort. Because of the lengthy wait…
Posted inClinical Negligence, Issue 15Tags: ,