Medical Law Reports Plus

RE AH

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

[2022] Med LR Plus 1

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 Plus 2

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 Plus 3

PAWLEY v WHITECROSS DENTAL CARE LTD AND ANOTHER

Joinder of parties - Dental negligence claim against dental practice - Whether defendant could 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 Plus 4

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 Plus 5

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 Plus 6

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 Plus 7

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 Plus 8

DALCHOW v ST GEORGE’S UNIVERSITY NHS FOUNDATION TRUST

Clinical negligence – Breach of duty – Causation – Diagnosis – Infection – Fournier gangrene – Factual causation – Material contribution – Divisible or Indivisible injury.

[2022] Med LR Plus 9

AHMEDSOWIDA v GENERAL MEDICAL COUNCIL

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

[2022] Med LR Plus 10

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 insanity defence.

[2022] Med LR Plus 11

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 Plus 12

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 Plus 13

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 Plus 14

RADIA v MARKS

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

[2022] Med LR Plus 15

GENERAL MEDICAL COUNCIL v AHMED

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

[2022] Med LR Plus 16