Standard of care Archives - The QMLR Archive

The Standard of Care and Health Visitors

XM (By His Father and Litigation Friend FM) v Leicestershire Partnership NHS Trust [2020] EWHC 3102 (QB) XM (By His Father and Litigation Friend FM) v Leicestershire Partnership NHS Trust [2020] EWHC 3102 (QB) This article focuses on one interesting aspect of this detailed decision – its consideration of the…

By Rajkiran Barhey July 5, 2021Clinical negligence, Issue 9Standard of care

Clinical negligence Issue 6

Bolam, Bolitho, or Both-of-‘Em?

Bradfield-Kay v Cope [2020] EWHC 1351 (QB) This article originally appeared in Issue 6 (September 2020). This split trial on breach of duty concerned allegations relating to the performance of a total left hip replacement by the Defendant. Of interest is the approach taken by the judge to the distinction…

By Rajkiran Barhey September 1, 2020Clinical negligence, Issue 6Breach of duty, Standard of care

Clinical 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…

By Thomas Beamont May 1, 2020Clinical negligence, Issue 5Duty of care, Standard of care

Clinical negligence Special Issue

Legal Immunity in the Covid-19 Pandemic?

It was reported over the weekend of 18-19 April 2020 that the Medical Defence Union (“MDU”), which provides legal support to around 200,000 doctors, was calling for a debate on the need for emergency legislation to protect doctors from negligence claims arising from the COVID-19 emergency. The particular concerns raised…

By Jeremy Hyam KC April 1, 2020Clinical negligence, Special IssueBreach of duty, Coronavirus, Standard of care

Clinical 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,…

By Rajkiran Barhey November 1, 2019Clinical negligence, Issue 3Breach of duty, Duty of care, Standard of care

Clinical 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…

By Rajkiran Barhey November 1, 2019Clinical negligence, Issue 3Duty of care, Standard of care