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

ASTLEY v MID-CHESHIRE HOSPITALS FOUNDATION NHS TRUST

CPR Part 38.7 - Permission for permission to make another claim after discontinuance - Principles

[2022] Med LR Plus 17

MARTIN (FORMERLY KNOWN AS HIGGINS) v SALFORD ROYAL NHS FOUNDATION TRUST

Clinical negligence - Format of award - Whether to make a variable periodical payment order - Whether to award the costs of a personal injury trust in the case of a claimant with capacity but who is vulnerable

[2022] Med LR Plus 18

HULL UNIVERSITY TEACHING HOSPITALS NHS TRUST v COLLEY

Contempt of court - False statements - Documents supported by a statement of truth - Honest belief in truth of statements - Litigation friend - Committal application - CPR Part 32.14 - Penalties

[2022] Med LR Plus 19

MXM v GENERAL MEDICAL COUNCIL

General Medical Council - Interim Orders - Matters appropriate for consideration - Risks of public safety and public interest - Proportionality - Adequacy of reasoning for determination

[2022] Med LR Plus 20

PICKERING v CAMBRIDGE UNIVERSITY HOSPITALS NHS FOUNDATION TRUST

Clinical negligence - Embolus from atrial fibrillation causing leg ischaemia - Claimant discharged from emergency department without heparinisation - Subsequent embolus causing a stroke - Whether stroke would have been avoided by earlier heparinisation - Assessment of expert evidence - Consideration of scientific literature

[2022] Med LR Plus 21

R (TAGGART) v THE ROYAL COLLEGE OF SURGEONS OF ENGLAND (OXFORD UNIVERSITY HOSPITALS NHS TRUST, THE GENERAL MEDICAL COUNCIL AND THE SOCIETY OF CARDIOTHORACIC SURGEONS, INTERESTED PARTIES)

Judicial review - Preliminary issue - Whether invited review mechanism of royal college amendable to judicial review - Distinction between public and private law function

[2022] Med LR Plus 22

LEWIS-RANWELL v G4S HEALTH SERVICES (UK) LTD AND OTHERS

Strike out - Illegality - Homicide - Insanity - Criminal or quasi-criminal acts - Public policy

[2022] Med LR Plus 23

MILNER v BARCHESTER HEALTHCARE HOMES LTD

Strike out – Summary judgment – Negligence – Care home – Healthcare – Personal care – Damages – Indirect victim of breaches of articles 2 and 3 of the European Convention on Human Rights – Human Rights Act 1998 – Locus standi.

[2022] Med LR Plus 24

BARTS HEALTH NHS TRUST v HOLLIE DANCE AND OTHERS PAUL BATTERSBEE v ARCHIE BATTERSBEE (THROUGH HIS 16.4 GUARDIAN)

Diagnosis of death – Brain stem death – Impossibility of brain stem testing – Withdrawal of medical treatment – Best interests – Children.

[2022] Med LR Plus 25

JOHNSON v WILLIAMS

Clinical negligence – Burden of proof – Discharge of burden of proof – Balance of probabilities – Causation of injury – Surgery – Professional footballer.

[2022] Med LR Plus 26

SALWIN (A PROTECTED PARTY, BY HIS LITIGATION FRIEND, SOBIEPANEK) v SHAHED

Personal injury – Interim payment – Pre-trial future loss – Level playing field – Rehabilitation – Reasonable proportion of damages.

[2022] Med LR Plus 27