Posted inClinical Negligence Issue 16

Birth injuries and expert evidence

Birth injuries and expert evidence Elizabeth-Anne Gumbel KC OAJ By His Mother and Litigation Friend CFT v Dorset County Hospitals NHS Foundation Trust [2025] EWHC 3345 This is the third birth damage case in just over 3 years in which Mr Justice Ritchie has been the trial Judge. The other…
January 9, 2026Posted inClinical Negligence, Issue 16Tags: , , ,
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…
October 15, 2025Posted inAbuse / Child Abuse, Clinical Negligence, Issue 15Tags: , , , ,
Posted inIssue 15

Public Authorities and Negligence: Lessons from Tindall v Chief Constable

Public Authorities and Negligence: Lessons from Tindall v Chief Constable Lucy McCann Introduction On 23 October 2024, the Supreme Court handed down its decision in Tindall v Chief Constable of Thames Valley Police [2024] UKSC 33, the latest in a recent series of appellate court decisions regarding the liability of…
December 5, 2024Posted inIssue 15Tags: , , ,
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 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 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: , ,