Medical Law Reports

PAWLEY v WHITECROSS DENTAL CARE LTD AND ANOTHER

Joinder of parties – Dental negligence claim against dental practice – Whether defendant can compel the joinder of additional defendants – Whether claimant entitled to sue dental practice owner alone alleging negligence by individual associate dental practitioners without also joining those practitioners as parties.

[2022] Med LR 1

BURN v ALDER HEY CHILDREN’S NHS FOUNDATION TRUST

Hospital investigation into clinical concern – Interpretation of policy as drawn from Department of Health's Maintaining High Professional Standards in the Modern NHS – Scope of disclosure required by NHS trust under policy during initial investigation of practitioner – Disclosure required as part of general obligation of NHS trust to conduct investigation fairly

[2022] Med LR 13

RE AH

Medical treatment – Adults – Mental capacity – Best interests – Withdrawal of life-sustaining treatment – Procedural unfairness – Judicial visit.

[2022] Med LR 22

NGUYEN v HM ASSISTANT CORONER FOR INNER WEST LONDON, CHELSEA AND WESTMINSTER HOSPITAL NHS FOUNDATION TRUST AND OTHERS (INTERESTED PARTIES)

Judicial review – Inquest – Coroners Act 1988, section 13 – New evidence – Apparent bias – Wednesbury unreasonableness – Witness handling – Expert evidence.

[2022] Med LR 34

PALING (A CHILD PROCEEDING BY HIS MOTHER AND LITIGATION FRIEND, PALING) v SHERWOOD FOREST HOSPITALS NHS FOUNDATION TRUST

Causation – Genetic testing – Hypoglycaemia – Brain injury – Stay of proceedings.

[2022] Med LR 51

PAUL AND ANOTHER v THE ROYAL WOLVERHAMPTON NHS TRUST and POLMEAR AND ANOTHER v ROYAL CORNWALL HOSPITAL NHS TRUST and PURCHASE v AHMED

Psychiatric injury – Secondary victims – Legal proximity – Relevant event – Interval between negligence and relevant event.

[2022] Med LR 59

WATSON (A PROTECTED PARTY BY HER LITIGATION FRIEND, ALMOND-BIRTWISTLE) v LANCASHIRE TEACHING HOSPITALS NHS FOUNDATION TRUST

Clinical negligence – Causation – Expert evidence – Scientific studies – Stroke.

[2022] Med LR 77

PALMER v MANTAS AND ANOTHER

Personal injury – Road traffic accident – Liability admitted – Assessment of damages – Nature of brain injury – Whether claim should be dismissed on basis of fundamental dishonesty – Nature of diagnosis and prognosis – Assessment of expert evidence – Form of future loss of earnings award.

[2022] Med LR 97

HUGHES v RATTAN

General Dental Services Contract – Duty owed by principal dentist to patient of dental practice – Independent contractors – Associate dentists – Whether non-delegable duty of care owed by principal dentist and practice owner to NHS patients of the practice – Whether principal dentist vicariously liable for the negligence of an associate dentist.

[2022] Med LR 125

TRAYLOR AND ANOTHER v KENT AND MEDWAY NHS SOCIAL CARE PARTNERSHIP TRUST

Clinical negligence – Mental health – Causation – Voluntary assumption of risk – Illegality – Insanity – Ex turpi causa – Contributory negligence – Human Rights Act claim – ECHR articles 2 and 3 – Positive duty to protect life – Osman v UK.

[2022] Med LR 145

AHMEDSOWIDA v GENERAL MEDICAL COUNCIL

General Medical Council – Fitness to practise – Dishonesty – Cumulative misconduct – Insight – Erasure.

[2022] Med LR 170

COJANU v ESSEX PARTNERSHIP UNIVERSITY NHS TRUST

Clinical negligence – Fundamental dishonesty – Whether claimant dishonest by virtue of failings of solicitor – Illegality – Relationship between criminal act and civil claim.

[2022] Med LR 191

RADIA v MARKS

Medical experts – Joint experts – Duty of care – Scope of duty – Breach of duty – Credibility.

[2022] Med LR 210

GENERAL MEDICAL COUNCIL v AHMED

General Medical Council – Medical Act 1983, section 40A – Sexual misconduct – Whether sanction of two months’ suspension without review appropriate – Whether appropriate to take into account period of interim suspension.

[2022] Med LR 227

LF v A NHS TRUST AND OTHERS

Disabled adult – Dispute as to place of residence for care and treatment – Longer-term plan for returning to family home – Reporting restrictions – Application to lift reporting restrictions to allow publicity for crowd-funding – Balance between right to freedom of expression and the right to a private and family life.

[2022] Med LR 247