Posted inClinical negligence Issue 10

Cauda Equina Syndrome

Jarman v Brighton and Sussex University Hospitals NHS Trust [2021] EWHC 323 In Hewes v West Hertfordshire Acute Hospitals NHS Trust & Ors [2020] EWCA Civ 1523 (see Issue 8), the Court of Appeal considered, for the first time, a case of alleged delay in the treatment of Cauda Equina…
January 19, 2022Posted inClinical negligence, Issue 10Tags: ,
Posted inAbuse/Child Abuse

High Court Rejects ‘Failure to Remove’ Abuse Claim

DFX v Coventry City Council [2021] EWHC 1382 (QB) In a significant adverse judgment for child abuse claimants, Mrs Justice Lambert rejected a claim brought by a number of Claimants who alleged that the Defendant council’s social services negligently delayed in instigating care proceedings and that, had they been removed…
July 9, 2021Posted inAbuse/Child AbuseTags: , ,
Posted inClinical negligence Issue 8

Non Delegable Duties

Hopkins v (1) Akramy (2) Badger Group (3) NHS Commissioning Board [2020] EWHC 3445 (QB) A preliminary issue was determined by HHJ Melissa Clarke on the issue of whether the NHS owed a non-delegable duty of care to a patient when care was outsourced to a private provider. The Claimant…
April 15, 2021Posted inClinical negligence, Issue 8Tags: ,
Posted inClinical negligence Issue 5

The Standard of Care in Pure Diagnosis Cases

Brady v Southend University Hospital NHS Foundation Trust [2020] EWHC 158 (QB)  This article originally appeared in Issue 5 (May 2020). In the bulk of actions for clinical negligence, the standard of care owed to the patient is one point which attracts relatively little judicial consternation. In Brady, and cases…
May 1, 2020Posted inClinical negligence, Issue 5Tags: ,
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 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: , ,
Posted inClinical negligence Issue 3

Assessing the Standard of Care – Junior Doctors

George Andrews v Greater Glasgow Health Board [2019] CSOH 31  This article originally appeared in Issue 3 (November 2019). Background  This Scottish case arose from the death of Ms Jean Graham and was brought by her partner of 20 years, Mr George Andrews. Ms Graham had attended hospital on 6…
November 1, 2019Posted inClinical negligence, Issue 3Tags: ,
Posted inAbuse/Child Abuse Issue 2

The Supreme Court Rules on the Liability of Public Authorities

Poole Borough Council v GN (through his litigation friend ‘The Official Solicitor’) and another [2019] UKSC 25  The article originally appeared in Issue 2 (July 2019). In this judgment, handed down by Lord Reed in June 2019, the Supreme Court found that Poole Borough Council did not owe a duty…
July 1, 2019Posted inAbuse/Child Abuse, Issue 2Tags: , ,
Posted inClinical negligence Issue 2

Scope of Duty

This article originally appeared in Issue 2 (July 2019). One of the recurring themes in negligence case-law over the past 12 months has been the extent to which some or all aspects of a claimant’s claimed damage should be determined to lie within the scope of a defendant’s duty of…
July 1, 2019Posted inClinical negligence, Issue 2Tags: ,