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R (MORAHAN) v HIS MAJESTY'S ASSISTANT CORONER FOR WEST LONDON, CENTRAL AND NORTH WEST LONDON NHS FOUNDATION TRUST, AND THE COMMISSIONER OF POLICE OF THE METROPOLIS (INTERESTED PARTIES)
[2023] Med LR 1
Inquests - Article 2 ECHR - Death of patient with psychiatric illness - Whether procedural duty to hold inquest compliant with article 2 ECHR engaged - Whether operational duty owed to patient receiving voluntary treatment - Provision of legal aid for inquests.
O'BRIEN (ADMINISTRATRIX OF THE ESTATE OF BERRY (DECEASED)) v GUY'S AND ST THOMAS' NHS TRUST
[2023] Med LR 12
Clinical negligence - Administration of ototoxic antibiotic to patient on intensive care unit - Whether higher dose of antibiotic responsible for patient's balance problems and hearing loss - Relevance of national and local clinical guidelines to the issue of negligence.
RE X (CATASTROPHIC INJURY: COLLECTION AND STORAGE OF SPERM) V AND W v X (BY HIS LITIGATION FRIEND, THE OFFICIAL SOLICITOR), KING’S COLLEGE HOSPITAL NHS FOUNDATION TRUST
[2023] Med LR 51
Adult patient lacking capacity – Application by parents to collect and store patient's sperm – Whether in best interests of patient – Consent required by Human Fertilisation and Embryology Act – ECHR, article 8 right to private life.
CNZ (SUING BY HER FATHER AND LITIGATION FRIEND MNZ) v ROYAL BATH HOSPITALS NHS FOUNDATION TRUST AND ANOTHER
[2023] Med LR 59
Brain damage – Elective caesarean section – Informed consent – Application of Montgomery – Acute profound hypoxic ischaemic insult – Divisibility – Apportionment – Impossibility or difficulty – Aliquots – Material contribution.
ROBINSON v LIVERPOOL UNIVERSITY HOSPITALS NHS TRUST AND ANOTHER
[2023] Med LR 122
Personal injury – Dental negligence – Expert evidence – Non-party costs order – Threshold for adverse costs orders against expert.
TN v AN NHS ICB, RN (BY HIS ACCREDITED LEGAL REPRESENTATIVE, JOLANTA EDWARDS)
[2023] Med LR 134
Adult lacking capacity - Best interests - Vaccination - Parental responsibility - Role of the parent in decisions concerning a disabled adult child - Autonomy of disabled adult child - Wishes and feelings of adult lacking capacity.
SNOW v ROYAL UNITED HOSPITALS BATH NHS FOUNDATION TRUST
[2023] Med LR 143
New surgical procedure - Departure from NICE guidelines - Whether patient should have been informed of surgeons' limited experience - Whether fully informed consent was obtained - Whether the claimant would have undergone the same operation if properly consented - Whether the claimant would have suffered the same injury in any event - Whether claimant's refusal to undergo another operation was a failure to mitigate loss.
KETTERING GENERAL HOSPITAL NHS FOUNDATION TRUST v C AND ANOTHER
[2023] Med LR 209
Inherent jurisdiction – Anticipatory declarations – Unborn child – Anti-retroviral treatment – Best interests – Parental rights – Application without notice.
MARCHESELLI v INFORMATION COMMISSIONER, GENERAL MEDICAL COUNCIL
[2023] Med LR 217
General Medical Council – Fitness to practise – Disclosure – Freedom of Information request – Doctor's personal data – Information exempt from disclosure – Information Commissioner.
NKX (BY HIS MOTHER AND LITIGATION FRIEND, NMK) v BARTS HEALTH NHS TRUST
[2023] Med LR 227
Protected parties – Proof of life – Standard clauses – Periodical payment orders.
SOMOYE (ON HIS OWN BEHALF AND AS ADMINISTRATOR OF THE ESTATE OF SOMOYE) v NORTH WEST ANGLIA NHS FOUNDATION TRUST
[2023] Med LR 231
Clinical negligence – Pre-action admission of liability – Admissions made at inquest – Causation – Prejudice – Expert evidence.
R (AA (A CHILD, ACTING BY HER FATHER AND LITIGATION FRIEND, SW)) AND OTHERS v NATIONAL HEALTH SERVICE COMMISSIONING BOARD (OPERATING UNDER THE NAME OF NHS ENGLAND), TAVISTOCK AND PORTMAN NHS FOUNDATION TRUST AND DEVON PARTNERSHIP NHS TRUST (INTERESTED PARTIES)
[2023] Med LR 239
Judicial review – Gender identity development and disorder services – Long waiting times – Whether NHS England in breach of statutory duty under (i) National Health Service Commissioning Board and Clinical Commissioning Groups (Responsibilities and Standing Rules) Regulations 2012 (SI 2012 No 2996), regulation 45(3); (ii) National Health Service Act 2006, section 3B; (iii) Health Act 2009, section 2; and/or (iv) Equality Act 2010, section 149 – Whether NHS England directly and/or indirectly discriminating against service users because of protected characteristic of gender reassignment.
“CLOSED HEARINGS” AND “CLOSED MATERIAL”: GUIDANCE
[2023] Med LR 268
Court of Protection – Practice Guidance – Exclusion of party and/or their representative from court hearings or from seeing documentation – Without notice applications – Case management decisions – Common law rights – Procedural considerations – European Convention on Human Rights, article 6 – Human Rights Act 1998.