Medical Law Reports

R (ON THE APPLICATION OF MAUGHAN) v HER MAJESTY'S SENIOR CORONER FOR OXFORDSHIRE (THE CHIEF CORONER OF ENGLAND AND WALES AND INQUEST, INTERVENERS)

Inquests – Conclusions – Suicide – Unlawful killing – Standard of proof – Criminal standard – Civil standard.

[2021] Med LR 1

HENDERSON (A PROTECTED PARTY, BY HER LITIGATION FRIEND, THE OFFICIAL SOLICITOR) v DORSET HEALTHCARE UNIVERSITY NHS FOUNDATION TRUST

Clinical negligence – Illegality – Ex turpi causa non oritur actio – Claim arising out of manslaughter by reason of diminished responsibility – Whether claim permissible where claimant's responsibility for homicide not significant.

[2021] Med LR 26

HEWES v WEST HERTFORDSHIRE ACUTE HOSPITALS NHS TRUST AND OTHERS

Clinical negligence – Breach of duty of care – Bolam – Bolitho – Delay in diagnosis – Findings of fact – Cauda equina syndrome – Out-of-hours GP – District general hospital – Resources.

[2021] Med LR 49

GENERAL MEDICAL COUNCIL v HARIS

Fitness to practise – Sexual offences – Test to be applied – Meaning of sexual motivation – Sexual assault – Touching.

[2021] Med LR 66

XM (BY HIS FATHER AND LITIGATION FRIEND, FM) v LEICESTERSHIRE PARTNERSHIP NHS TRUST

Health visitors – Nursery nurses – Standard of care – Head circumference – Brain injury – Rejection of expert evidence.

[2021] Med LR 79

AZAM v UNIVERSITY HOSPITAL BIRMINGHAM NHS FOUNDATION TRUST

Limitation – Preliminary issues – Discretion to disapply limitation – Evidential burden – Cogency of evidence – Death of a witness – Delay in bringing proceedings – Judicial discretion.

[2021] Med LR 150

GENERAL MEDICAL COUNCIL v X

Fitness to practise – Sexual misconduct – Judicial review – Publication of Medical Practitioners Tribunal decision – ECHR article 2 right to life – GMC appeal against sanction – GMC Sanctions Guidance.

[2021] Med LR 161

IN THE MATTER OF X (A CHILD) (NO 2) A NHS TRUST v X

Children – Medical treatment – Blood transfusions – Best interests – Gillick competence – Capacity – Autonomy – Treatment against a child's religious beliefs – Effect of section 8 of the Family Law Reform Act 1969 – Whether the child's decision should be determinative – Orders to cover expected future medical crises.

[2021] Med LR 183

TOOMBES (A PROTECTED PARTY WHO SUES BY HER MOTHER AND LITIGATION FRIEND, TOOMBES) v MITCHELL (SUED IN HIS OWN RIGHT AND AS A PARTNER IN, AND ON BEHALF OF ALL THE PARTNERS IN THE HAWTHORN MEDICAL PRACTICE)

Clinical negligence – Preliminary issue – Wrongful conception and birth – Congenital spinal cord defect and disability – Whether liability under Congenital Disabilities (Civil Liability) Act 1976, section 1 or common law – Whether no cause of action as one for wrongful life.

[2021] Med LR 220

ISMAIL v JOYCE

Clinical negligence – Breach of duty – Witness evidence.

[2021] Med LR 232

HOPKINS (A CHILD AND PROTECTED PERSON BY HER GRANDMOTHER AND LITIGATION FRIEND, HOPKINS) v AKRAMY AND OTHERS

Preliminary issue – Medical negligence – NHS outsourcing – Private company – Statutory non-delegable duties – Insurance shortfalls.

[2021] Med LR 244

BASMA (SUING BY HER MOTHER AND LITIGATION FRIEND, BASMA) v MANCHESTER UNIVERSITY HOSPITALS NHS FOUNDATION TRUST AND ANOTHER

Judicial review – Medical treatment – Eligibility assessments – Standard of review – Failure to take into account relevant evidence – Irrationality.

[2021] Med LR 259

REDDY v GENERAL MEDICAL COUNCIL

General Medical Council – Fitness to Practise proceedings – Dishonesty – Whether serious procedural irregularities – Assessment of credibility – Sufficiency of reasoning in determination – Whether bias on part of Tribunal.

[2021] Med LR 273

DAVIES (EXECUTOR OF ESTATE OF MRS DAVIES, DECEASED) v FRIMLEY HEALTH NHS FOUNDATION TRUST

Pneumococcal meningitis disease leading to death – Whether negligent delay in antibiotic treatment caused the death – “But for” causation test – Indivisible injury – Whether material contribution causation test applied.

[2021] Med LR 294