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

PARFITT v GUY’S AND ST THOMAS’ CHILDREN’S NHS FOUNDATION TRUST AND PIPPA KNIGHT (BY HER CHILDREN’S GUARDIAN)

Medical treatment – Children – Best interests – Withdrawal of life-sustaining treatment – Lack of awareness – Parental views.

[2021] Med LR 323

BUX v GENERAL MEDICAL COUNCIL

General Medical Council – Fitness to practise – Medical expert report – Conflict of interest – Duty of disclosure – Dishonesty – Erasure.

[2021] Med LR 350

AB v CD, THE TAVISTOCK AND PORTMAN NHS FOUNDATION TRUST, UNIVERSITY COLLEGE LONDON NHS FOUNDATION TRUST, AND XY

Children – Medical treatment – Puberty blockers – Gender dysmorphia – Gillick competence – Parental consent.

[2021] Med LR 365

IDDON v WARNER

Fundamental dishonesty – Clinical negligence – Dishonesty in respect of quantum of claim – Successful application by defendant for dismissal of claim on ground of dishonesty.

[2021] Med LR 384

SASTRY AND OKPARA v GENERAL MEDICAL COUNCIL

Appeals from Medical Practitioners Tribunal – Appeals by practitioner – Appropriate test – Deference to the Tribunal.

[2021] Med LR 401

R (DAWSON) v UNITED LINCOLNSHIRE HOSPITALS NHS TRUST

Application for judicial review challenging decision by NHS Trust to reorganise delivery of NHS services in its area to increase medical services capacity for non-Covid-19 patients – Whether the decision and proposals were formed in breach of duties under NHS Act 2006, section 242 to make arrangements to secure the involvement of service users – Whether such duties were moderated in circumstances of urgency, necessity and resource pressures arising during the Covid-19 pandemic and where the reorganisation was temporary and was subject to review.

[2021] Med LR 422

NEGUS AND BAMBRIDGE (EXECUTORS OF THE ESTATE OF NEILL, DECEASED) v GUY’S AND ST THOMAS’ NHS FOUNDATION TRUST

Clinical negligence – Breach of duty – Consent – Aortic surgery – Causation – Experts.

[2021] Med LR 449

R (MORAHAN) v HER MAJESTY’S ASSISTANT CORONER FOR WEST LONDON, AND CENTRAL AND NORTH WEST LONDON NHS FOUNDATION TRUST AND THE COMMISSIONER OF POLICE OF THE METROPOLIS (INTERESTED PARTIES)

Judicial review – Inquests – European Convention on Human Rights, article 2 – Enhanced investigative duty – Positive operational duty – Voluntary patients – Real and immediate risk to life – Accidental death – Vulnerable individuals.

[2021] Med LR 465

HARIS v GENERAL MEDICAL COUNCIL

Medical Practitioners’ Tribunal – Fitness to practise – Sexual misconduct – Finding that non-clinically indicated intimate examinations of two patients were not sexually motivated – Inferences of fact to be drawn from primary facts – Proper appellate approach to challenges to such inferences.

[2021] Med LR 498

BREAKINGBURY v CROAD

Clinical negligence – Dental negligence – Trial of preliminary issues – Whether non-delegable duty of care owed by dental practice owner to patient – Whether dental practice owner vicariously liable for negligence on the part of associates – Whether claim barred by the Limitation Act 1980.

[2021] Med LR 509