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…

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…

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…

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…