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Medical Law Reports Plus RSS feed

RE AH

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

[2022] Med LR Plus 1

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

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

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

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

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

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