Medical Law Reports

PAWLEY v WHITECROSS DENTAL CARE LTD AND ANOTHER

Joinder of parties – Dental negligence claim against dental practice – Whether defendant can 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 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 13

RE AH

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

[2022] Med LR 22

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 34

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 51

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 59

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 77

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 97

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 125

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.

[2022] Med LR 145

AHMEDSOWIDA v GENERAL MEDICAL COUNCIL

General Medical Council – Fitness to practise – Dishonesty – Cumulative misconduct – Insight – Erasure.

[2022] Med LR 170

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 191

RADIA v MARKS

Medical experts – Joint experts – Duty of care – Scope of duty – Breach of duty – Credibility.

[2022] Med LR 210

GENERAL MEDICAL COUNCIL v AHMED

General Medical Council – Medical Act 1983, section 40A – Sexual misconduct – Whether sanction of two months’ suspension without review appropriate – Whether appropriate to take into account period of interim suspension.

[2022] Med LR 227

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 247

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 255

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 273

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 292

ASTLEY v MID-CHESHIRE HOSPITALS FOUNDATION NHS TRUST

CPR Part 38.7 – Permission to make another claim after discontinuance – Principles.

[2022] Med LR 306

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 321

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 344

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 amenable to judicial review – Distinction between public and private law function.

[2022] Med LR 366

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 381

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 396

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 409

BARTS HEALTH NHS TRUST v HOLLIE DANCE AND OTHERS

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

[2022] Med LR 422

HASTINGS v FINSBURY ORTHOPAEDICS LTD AND ANOTHER

Product liability – Medical product (metal-on-metal hip implant) – Meaning of defect in section 3 and liability under section 2 Consumer Protection Act 1987 – Effectiveness of EU Directive.

[2022] Med LR 441

DIXON v NORTH BRISTOL NHS TRUST

Anonymity and reporting restrictions application – Contempt of Court Act 1981, section 11 – Human Rights Act 1998, section 6 – CPR 5.4A to 5.4D and 39.2 – Whether anonymity and reporting restrictions were required to prevent breaches of confidence – Threshold for engaging article 2 rights – Balancing article 8 rights against article 10 rights – Principles of open justice.

[2022] Med LR 456

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

General Medical Council – Fitness to practise – “Under charging” – Dishonesty – Suspension – Insufficient sanction – Sanctions guidance – Inadequate reasons.

[2022] Med LR 484

BARTS HEALTH NHS TRUST v HOLLIE DANCE AND OTHERS

Withdrawal of medical treatment – Children – Impossibility of brain stem testing – Evidence of irreversible loss of brain stem function – Best interests – Correct approach by the court.

[2022] Med LR 503

HERTFORDSHIRE COUNTY COUNCIL v MOTHER AND OTHERS

Expert evidence – Anonymity orders – Care proceedings – Right to private life – Right to freedom of expression – ECHR, articles 8 and 10 – Expert duties to the court.

[2022] Med LR 511

HERTFORDSHIRE COUNTY COUNCIL v MOTHER AND OTHERS

Expert evidence – Anonymity orders – Care proceedings – Right to private life – Right to freedom of expression – ECHR, articles 8 and 10 – Expert duties to the court.

[2022] Med LR 541

MYHILL v INFORMATION COMMISSIONER AND GENERAL MEDICAL COUNCIL

Data protection – Freedom of Information Act 2000 – Request for information relating to fitness to practise complaint by requester – Whether General Medical Council entitled to confirm or deny its possession of evidence base for complaint – Whether legitimate interests of requester overridden by interests or fundamental rights and freedoms of data subject – GDPR article 6(1)(f).

[2022] Med LR 546

BARROW (BY HIS LITIGATION FRIEND AND GRANDFATHER MR HUGH BARROW) AND OTHERS v MERRETT AND ANOTHER

Personal Injury Action – Evaluation of eyewitness evidence – relevance of expert evidence.

[2022] Med LR 563

R (SHASHIKANTH) v NHS LITIGATION AUTHORITY, NHS COMMISSIONING BOARD (AKA NHS ENGLAND)

General Practice NHS contracts – Duty to cooperate – Breach of contractual duty – Contractual dispute resolution – Whether amenable to judicial review – Lawfulness of adjudicator's decision.

[2022] Med LR 581

RILEY v SALFORD ROYAL NHS FOUNDATION TRUST

Clinical negligence – Below knee amputation – Damages assessment – Multiple disputed quantum issues including in particular earnings, prosthetics, transport and accommodation.

[2022] Med LR 605