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…

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…

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…

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,…

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…

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…