i-law

Medical Law Reports Plus

PARSONS v ISLE OF WIGHT NHS TRUST

[2024] Med LR Plus 1
Spinal cord injury caused by epidural trocar insertion - Informed consent - Post operative pain relief options - Expert evidence guidance - Relevance of medical records to witness credibility.

BAYLESS AND OTHERS v NORFOLK AND NORWICH UNIVERSITY HOSPITALS NHS FOUNDATION TRUST

[2024] Med LR Plus 2
Settlement - Part 36 - Children and protected parties - Infant approval hearing - Henderson v Henderson - Abuse of process - Estoppel - Strike out - Discontinuance or withdrawal - Costs.

HOLMES v POETON HOLDINGS LTD

[2024] Med LR Plus 3
Legal test of causation - Divisible and indivisible injury - Material contribution - "But for" test - Employer's liability - Parkinson's disease - Trichloroethylene.

PAUL AND ANOTHER v ROYAL WOLVERHAMPTON NHS TRUST POLMEAR AND ANOTHER v ROYAL CORNWALL HOSPITALS NHS TRUST PURCHASE v AHMED

[2024] Med LR Plus 4
Clinical negligence - Secondary victim claims - Criteria to be met - Need for an "accident".

ALI v GENERAL MEDICAL COUNCIL

[2024] Med LR Plus 5
General Medical Council - Appeal against findings of primary and secondary fact - Sexually motivated conduct - Reasons.

CTQ v KING'S COLLEGE HOSPITAL NHS FOUNDATION TRUST

[2024] Med LR Plus 6
Clinical negligence - Personal injury - Inherent jurisdiction - Settlement - Mental capacity - Protected parties - Brain damage - Anonymity.

WNA v NDP

[2024] Med LR Plus 7
Damages - Periodical payments for care - Avoidance of double recovery - Whether surplus of annual periodical payments for care should be accumulated to pay for future care.

GENERAL MEDICAL COUNCIL v REZK

[2024] Med LR Plus 8
Professional misconduct - Sexual harassment - Fitness to practise impaired - Whether taking no further action justified.

R (BRYAN) v HIS MAJESTY'S ASSISTANT CORONER FOR BUCKINGHAMSHIRE (REDMOND AND CHIEF CORONER FOR ENGLAND AND WALES, INTERESTED PARTIES)

[2024] Med LR Plus 9
Inquests - Judicial review - Unlawful killing - Insanity - M'Naughten rules - Coronial proceedings - Presumptions and burdens of proof - Basis for finding of insanity in coronial proceedings.

PROFESSIONAL STANDARDS AUTHORITY FOR HEALTH AND SOCIAL CARE v GENERAL DENTAL COUNCIL AND ANOTHER

[2024] Med LR Plus 10
General Dental Council - Fitness to practise - Conviction for causing death by careless driving - Reprimand - Insufficient sanction

TURNER, WAND (A CHILD BY HIS MOTHER AND LITIGATION FRIEND, TURNER) v SHEFFIELD TEACHING HOSPITAL NHS FOUNDATION TRUST, HEALTHCARE SAFETY INVESTIGATION BOARD (THIRD PARTY/SECOND RESPONDENT)

[2024] Med LR Plus 11
Clinical negligence - Investigation of impugned events by third party - Whether confidential recordings of interviews with defendant's staff by third party within possession, custody or control of defendant - Whether third party required to disclose recordings to parties in litigation

CHILTON v PAYNE

[2024] Med LR Plus 12
Clinical negligence - Breach of duty - Expert evidence - Appeal - Private surgeon - Scope of duty

WESSEX FERTILITY LTD v UNIVERSITY SOUTHAMPTON HOSPITAL NHS FOUNDATION TRUST (HUMAN FERTILISATION AND EMBRYOLOGY AUTHORITY AND DONOR CONCEPTION NETWORK, INTERESTED PARTIES)

[2024] Med LR Plus 13
Consent - Egg donor - Genetic testing - DNA sample - Processing personal data - Justification - Interference - Right to respect for private and family life - Withholding information - Declaratory relief

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

[2024] Med LR Plus 14
Strike out - Summary judgment - Personal Injury claim - Mental/psychiatric illness - Mental health assessment whilst in custody - Duty of care owed by police - Duty of care owed by community mental health services - Causation - Detention - Risk assessment - Self-harm

AGA v GENERAL DENTAL COUNCIL

[2024] Med LR Plus 16
General Dental Council - Appeal against sanction - Immediate orders for suspension - Commencement date of period of substantive suspension where immediate order made.

DAVIES v BRIDGEND COUNTY BOROUGH COUNCIL, NETWORK RAIL INFRASTRUCTURE LTD, INTERVENER

[2024] Med LR Plus 17
Nuisance - Breach of duty - Factual causation - Application of "but for" test - Damages - Diminution in value - Apportionment.

R (PARKIN) v HIS MAJESTY'S ASSISTANT CORONER FOR INNER LONDON (EAST) (1) LONDON BOROUGH OF HAVERING (2) NORTH EAST LONDON NHS FOUNDATION TRUST, INTERESTED PARTIES

[2024] Med LR Plus 18
Inquest - Death of elderly woman resulting from smoke inhalation - Involvement of public authorities prior to death - Known risk factors for a fire - Whether coroner required to investigate the wider circumstances of the death pursuant to article 2 ECHR.

THORP AND OTHERS v MEHTA AND ANOTHER

[2024] Med LR Plus 19
Clinical negligence - Breach of duty - Bolam/Bolitho - Discussion of treatment options - Montgomery - Causation.

WOODS (A PROTECTED PARTY BY HER MOTHER AND LITIGATION FRIEND, WOODS) v DONCASTER AND BASSETLAW TEACHING HOSPITALS NHS FOUNDATION TRUST

[2024] Med LR Plus 20
Obstetric negligence - Interpretation of CTG traces - Intrauterine growth retardation - Approach to expert evidence.

DE FRANCISCI v HAMPSHIRE HOSPITALS NHS FOUNDATION TRUST

[2024] Med LR Plus 21
Clinical negligence - Claimant developing HELLP syndrome when 36 weeks pregnant resulting in caesarean section and PTSD - Whether starting aspirin at 12 weeks would have avoided the HELLP syndrome and PTSD -Assessment of scientific literature and expert evidence on causation.

LN (A CHILD, BY HIS LITIGATION FRIEND, MC) v BLACKPOOL TEACHING HOSPITALS NHS FOUNDATION TRUST

[2024] Med LR Plus 22
Birth injury - Causation - Whether claimant suffered injury resulting from admitted negligence during labour - Whether his disabilities were caused by such injury or other causes.

KARIM v GENERAL MEDICAL COUNCIL

[2024] Med LR Plus 23
Racial discrimination - Equality Act 2010 - Whether the respondent General Medical Council discriminated against the claimant, a black African/European doctor, during its investigation of complaints - Comparison with the related case of a white doctor - Burden of proof and drawing of inferences - Delay and the relevance of statistics.

XS1 (A CHILD PROCEEDING BY HER MOTHER AND LITIGATION FRIEND, XS2) v WEST HERTFORDSHIRE HOSPITALS NHS TRUST

[2024] Med LR Plus 24
Clinical negligence - Cerebral palsy - Interim payment application - Accommodation claim - Eeles test.

CLARKE v POOLE AND OTHERS

[2024] Med LR Plus 25
Personal injury - Damages - Condition and prognosis - Pre-existing condition - Brain injury - Genetic testing - claimant's objection to testing - Future loss - Stay of proceedings.

HEMACHANDRAN AND ANOTHER v THIRUMALESH AND ANOTHER

[2024] Med LR Plus 26
Mental capacity - Belief - Consent to treatment - Declarations - Life-sustaining treatment - Overseas medical treatment - Palliative care - Psychiatric evidence - Death.

SAMMUT AND OTHERS v NEXT STEPS MENTAL HEALTHCARE LTD (FORMERLY K BOND HEALTHCARE LTD T/A NEXT STEPS) AND ANOTHER

[2024] Med LR Plus 27
Clinical negligence - Damages - False imprisonment - Breach of human rights.

RE NR (A CHILD: CEILINGS OF TREATMENT AFTER SURVIVAL OF WITHDRAWAL OF LIFE-SUSTAINING TREATMENT) MRS R AND ANOTHER v KING’S COLLEGE HOSPITAL NHS FOUNDATION TRUST AND ANOTHER

[2024] Med LR Plus 28
Best interests - Children - Ceilings of treatment - Withdrawal of life-sustaining treatment - Unexpected survival - Discharge of declarations - Material change of circumstance.

BROWN v LIVERPOOL UNIVERSITY HOSPITALS NHS FOUNDATION TRUST AND ANOTHER

[2024] Med LR Plus 29
Clinical negligence - Claim for loss of earnings and pension as lorry driver - Failure to disclose conviction and disqualification from driving - Fundamental dishonesty.

R (KARMAKAR AND BRITISH MEDICAL ASSOCIATION) v ROYAL COLLEGE OF GENERAL PRACTITIONERS (GENERAL MEDICAL COUNCIL, INTERESTED PARTY)

[2024] Med LR Plus 30
General Practitioner training – Assessment tests – Attempts policy – Disability – Neurodiversity – Judicial review – Academic judgement – Delay – Fettering of discretion – Rationality – Public sector equality duty – Reasonable adjustments – Discrimination.

WINTERBOTHAM v SHAHRAK

[2024] Med LR Plus 31
Clinical negligence – Extraction of wisdom tooth resulting in permanent nerve damage – Whether informed consent obtained prior to surgery – Whether claimant would have elected alternative surgery or deferred surgery – Assessment of general damages and financial loss.

NORTHUMBRIA HEALTHCARE NHS FOUNDATION TRUST v HX (BY HER LITIGATION FRIEND, THE OFFICIAL SOLICITOR) AND OTHERS

[2024] Med LR Plus 32
Withdrawal of treatment – Ceiling of care – Adult with Prolonged Disorder of Consciousness – Timing of application – Best interests.

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