witness evidence Archives - The QMLR Archive

Advice and Aortic Valves

Negus v Guy’s and St Thomas’s NHS Foundation Trust [2021] EWHC 643 (QB) The facts The claim was brought by the executors on behalf of the estate of Mrs Tracy Neill. On 4 March 2014 the Deceased underwent the implantation of a 19mm mechanical aortic valve. The Claimants alleged that…

By Dominic Ruck Keene July 5, 2021Clinical negligence, Issue 9medical devices, medical records, witness evidence

Clinical negligence Issue 9

The Importance of Contemporaneous Medical Records

HXC (by her litigation friend) JXS vs Hind, Craze [2020] 10 WLUK 603 The facts On 8 June 2016, the then 24-year-old Claimant suffered a catastrophic subarachnoid haemorrhage arising from the rupture of a 10-11mm left internal carotid artery aneurysm. As a result of the haemorrhage she had a dense…

By Dominic Ruck Keene July 5, 2021Clinical negligence, Issue 9medical records, witness evidence

Clinical negligence Issue 8

Medical Records and Reliability

Failes v Oxford University Hospitals NHS Trust [2020] EWHC 3333 (QB) Along with Ismail and Dutta considered by Jeremy Hyam QC, this decision of HHJ Cotter QC also provides a good example of the approach courts will take to the reliability of medical records and witness testimony. On 9 June…

By Rajkiran Barhey April 15, 2021Clinical negligence, Issue 8witness evidence

Clinical negligence Issue 8

Another trip down memory lane . . .

Ismail v Joyce [2020] EWHC 3453 (QB) R (Dutta) v GMC [2020] EWHC 1974 (Admin) We have previously in QMLR– see CXB v North West Anglia NHS Foundation Trust [2019] EWHC 2053 (QB) covered in Issue 3, November 2019 - considered the developing caselaw in respect of the judicial assessment…

By Jeremy Hyam KC April 15, 2021Clinical negligence, Issue 8witness evidence

Issue 4 Procedural

Practice Direction Updates: New Rules for Witness Statements and Statements of Truth

This article originally appeared in Issue 4 (March 2020). Amendments to the Practice Directions coming into force on 6 April 2020 will introduce some important changes to witness statements and statements of truth that readers should be aware of in advance. The updates can be found in full on the…

By Jo Moore March 1, 2020Issue 4, Proceduralwitness evidence

Clinical negligence Issue 3

Are Honest Recollections Reliable?

CXB v North West Anglia NHS Foundation Trust [2019] EWHC 2053 (QB) This article originally appeared in Issue 3 (November 2019). Background This was a claim for negligence in the management of the Claimant’s birth where unusually the trial focussed on a single key issue of disputed fact. It had…

By Jeremy Hyam KC November 1, 2019Clinical negligence, Issue 3witness evidence