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Medical Law Reports RSS feed

ARB v IVF HAMMERSMITH LTD

In vitro fertilisation – Lack of consent – Lawfulness of using embryos after cessation of partnership – Liability in contract – Public policy as bar to damages for unwanted children.

[2018] Med LR 1

ACB v THOMSON MEDICAL PTE LTD AND OTHERS

Wrongful conception - Birth of a healthy child - Actionable Heads of Damage - Upkeep costs - Loss of autonomy - Loss of genetic affinity - Punitive damages - Quantification of damages.

[2018] Med LR 55

HUSSAIN v GENERAL PHARMACEUTICAL COUNCIL

General Pharmaceutical Council – Fitness to Practise Committee – Whether sanction of erasure imposed for one instance of unlawful supply of prescription-only medication wrong in absence of insight in practitioner.

[2018] Med LR 113

MEADOWS v KHAN

Clinical negligence – Wrongful birth – Child born with disabilities both related and unrelated to breach of duty – Whether damages recoverable for additional costs of upbringing attributable to both related and unrelated disabilities.

[2018] Med LR 161

YUSSOUF v THE SOLICITORS REGULATION AUTHORITY

Solicitors Regulation Authority – Admission regulations – Whether applicant's failure to disclose county court judgment dishonest – Test of dishonesty in regulatory proceedings – Fairness of decision to refuse application without oral hearing.

[2018] Med LR 188

RAZUMAS v MINISTRY OF JUSTICE

Clinical negligence – Liability of healthcare providers to prisoners – Direct duties of care owed by Ministry of Justice to prisoners – Non-delegable duties of care – Vicarious liability.

[2018] Med LR 212

KAI SURREY (A CHILD AND PROTECTED PARTY, BY HIS LITIGATION FRIEND, AMY SURREY) v BARNET AND CHASE FARM HOSPITALS NHS TRUST; AH (A PROTECTED PARTY, BY HER LITIGATION FRIEND, XXX) v LEWISHAM HEALTHCARE NHS TRUST; MEHMET YESIL (A CHILD AND PROTECTED PARTY, BY HIS LITIGATION FRIEND, ALISAN YESIL) v DONCASTER AND BASSETLAW HOSPITALS NHS FOUNDATION TRUST

Costs - Proportionality - Funding arrangements - Conditional fee agreements - Legal aid certificates - Legal Aid, Sentencing and Punishing of Offenders Act 2012 ("LASPO").

[2018] Med LR 263

THE SECRETARY OF STATE FOR THE HOME DEPARTMENT v SERGEI SKRIPAL (BY HIS LITIGATION FRIEND, THE OFFICIAL SOLICITOR)SALISBURY NHS FOUNDATION TRUST; THE SECRETARY OF STATE FOR THE HOME DEPARTMENT v YULIA SKRIPAL (BY HER LITIGATION FRIEND, THE OFFICIAL SOLICITOR)SALISBURY NHS FOUNDATION TRUST

Nerve agent exposure – Unconscious patients – Application to collect and test blood samples to assist in analysis and information gathering – Privacy and publicity – Habitual residence – Capacity – Best interests – Wishes and feelings – Mental Capacity Act 2005.

[2018] Med LR 276

GENERAL MEDICAL COUNCIL v SOMUAH-BOATENG

General Medical Council - Medical Practitioners Tribunal - Fitness to Practise - Sexual misconduct - Vulnerable patient - Sanction - Suspension - Erasure - Leniency - Overarching objective - Sanctions guidance.

[2018] Med LR 298

NIELD-MOIR v FREEMAN

DNA testing – Disputed paternity – Inherent jurisdiction to direct saliva sample – ECHR article 8.

[2018] Med LR 334

GEE AND OTHERS v DEPUY INTERNATIONAL LTD

Total hip arthroplasty – Metal-on-metal prosthesis – Defective products – Consumer Protection Act 1987 – Meaning of defective – Correct approach and relevant factors – Causation.

[2018] Med LR 347

R (ADATH YISROEL BURIAL SOCIETY AND ANOTHER) v HM SENIOR CORONER FOR INNER NORTH LONDON (CHIEF CORONER OF ENGLAND AND WALES, INTERESTED PARTY)

Coroners – Judicial review – Policy against prioritisation of deaths on religious grounds – Whether policy unlawful – Fettering of coroner's discretion – Irrationality – Discrimination – Right to manifest religion – Right to equal treatment – Coroners and Justice Act 2009 – Human Rights Act 1998 – European Convention on Human Rights – Equality Act 2010.

[2018] Med LR 410

NAX v KING'S COLLEGE HOSPITAL NHS FOUNDATION TRUST

Clinical negligence – Paediatric post-operative care – Hemi-convulsion, hemiparesis, epilepsy syndrome (HHE) – Whether delay in organising CT scan – Whether delay in intubation – Causation of injury.

[2018] Med LR 431

GENERAL MEDICAL COUNCIL v CHANDRA

General Medical Council appeal – Application for restoration to the medical register – Fitness to practise and over-arching objective – Whether test to be applied to solicitors’ restorations also applicable to doctors – Whether “exceptional circumstances” test applied – Weight to be given to remediation in sexual misconduct and dishonesty cases – Weight to be given to promotion of public confidence and professional standards.

[2018] Med LR 579

DARNLEY v CROYDON HEALTH SERVICES NHS TRUST

Negligence – Duty of care – Whether duty of care owed by NHS Trust for advice given by non-clinical staff – Whether breach of duty of care by receptionist advising about waiting time – Whether break in the chain of causation.

[2018] Med LR 595

BRANGWYN v SOUTH WARWICKSHIRE NHS FOUNDATION TRUST

Health – Employment – Disability – Discrimination – Reasonable adjustments – Provision, criteria or practice – Perceived provision, criteria or practice – Job descriptions.

[2018] Med LR 605

JAHANGIRI v ST GEORGE'S UNIVERSITY HOSPITALS NHS FOUNDATION TRUST

Interim injunction – Disciplinary procedures – Gross misconduct – Maintaining High Professional Standards (“MHPS”) – Exclusion from work – Breach of contract – Unreasonableness – Irrationality – Serious issue to be tried – Strongly arguable case.

[2018] Med LR 625