Posted inClinical negligence Issue 10

“Let the Doctors Decide”

Bell and A v Tavistock and Portman NHS Trust and others [2021] EWCA Civ 1363 In Bell and A v Tavistock and Portman NHS Trust and others [2021] EWCA Civ 1363 the Court of Appeal advised judges to avoid formulating policy in an area of social and moral complexity. Ever…
January 24, 2022Posted inClinical negligence, Issue 10Tags:
Posted inClinical negligence Issue 10

Montgomery and “Reasonable Alternatives”

Malik v St George’s University Hospitals NHSFT [2021] EWHC 1913 (QB) This was a claim about spinal surgery, specifically whether a revision decompression at T10/11 was appropriately advised and whether the Claimant had been adequately advised of reasonable alternative or variant treatments to the surgery which ultimately worsened rather than…
January 19, 2022Posted inClinical negligence, Issue 10Tags:
Posted inIssue 9 Public

Parental Consent and Puberty Blockers: the fall out from Bell

AB v CD & Ors [2021] EWHC 741 (Fam) In the last issue of QMLR this author considered the High Court’s decision in Bell v Tavistock, which concerned whether children were capable of consenting to puberty blockers (“PBs”) as treatment for gender dysphoria. A three-judge panel in the Divisional Court…
July 5, 2021Posted inIssue 9, PublicTags: ,
Posted inIssue 8 Public

Children, Informed Consent and Puberty Blockers

Bell & Anor v The Tavistock And Portman NHS Foundation Trust [2020] EWHC 3274 (Admin) Introduction This was a claim for judicial review of the practice of the Defendant’s Gender Identity Development Service (GIDS) and two other Trusts joined as Interveners (University College London and Leeds Teaching Hospitals NHS Trusts)…
April 1, 2021Posted inIssue 8, PublicTags: ,
Posted inClinical negligence Issue 7

Informed Consent

Alan McNab and Others v Greater Glasgow Health Board [2020] CSOH 53 Plant v El-Amir [2020] EWHC 2902 (QB) Updated GMC Guidance on Consent, effective from 9 November 2020 On 9th November 2020, new guidance from the GMC came into force with respect to informed consent. This guidance was produced…
March 8, 2021Posted inClinical negligence, Issue 7Tags:
Posted inClinical negligence Issue 6

Montgomery v Lanarkshire Health Board: 5 Years on – an Impact Assessment in Numbers

This article originally appeared in Issue 6 (September 2020). Introduction  On 11 March 2015 the UK Supreme Court gave judgment in Montgomery v Lanarkshire Health Board [2015] UKSC 11. For both medical professionals and lawyers practising in the field of clinical negligence it is a landmark judgment and the first…
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

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: ,
Posted inClinical negligence Issue 4

Issues in Litigating Informed Consent Claims

Johnstone v NHS Grampian [2019] CSOH 90  This article originally appeared in Issue 4 (March 2020). The Outer House of the Court of Session found that the Pursuer/Claimant (“J”) had given informed consent to the transsphenoidal surgery he underwent and dismissed J’s claim for damages brought against the health authority. …
March 1, 2020Posted inClinical negligence, Issue 4Tags: ,
Posted inClinical negligence Issue 3

Wrongful Birth

Mordel v Royal Berkshire NHS Foundation Trust [2019] EWHC 2591 (QB)  This article originally appeared in Issue 3 (November 2019). The Claimant succeeded in establishing liability in this unusual wrongful birth claim before Mr Justice Jay.  Background  She alleged that the Defendant’s failure to carry out screening for Down’s syndrome…
November 1, 2019Posted inClinical negligence, Issue 3Tags: ,