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WATTS v THE SECRETARY OF STATE FOR HEALTH

Clinical negligence – Obstetric negligence – Shoulder dystocia – Brachial plexus injury – Posterior or anterior shoulder – Posterior shoulder theory – Appropriate contemporary standards for assessment of obstetric negligence – Correct approach to giving expert evidence.

[2017] Med LR 14

KHAN v GENERAL PHARMACEUTICAL COUNCIL

General Pharmaceutical Council Fitness to Practise Committee - Ambit of Committee's powers on review of suspension previously ordered - Whether Committee can order further suspension to reflect gravity of registrant's original misconduct.

[2017] Med LR 49

HENDERSON v DORSET HEALTHCARE UNIVERSITY FOUNDATION NHS TRUST

Clinical negligence – Claimant's application to amend pleading to bring HRA claim – Whether new claim adequately pleaded – Whether to grant additional time to perfect pleading – Whether CPR 17.4 engaged – Whether amendment arising from same or substantially same facts – Effect of amendment on preliminary issue hearing – Whether to exercise discretion in favour of amendment.

[2017] Med LR 57

EXP v BARKER

Clinical negligence – Expert witnesses – Conflict of interest – Expert's duty to the court – Bias – neuroradiologists and neurosurgeons – Bolam test – Reasonable or responsible body of medical opinion – MRI – Failure to identify and report – Missed aneurysm.

[2017] Med LR 121

R (FERREIRA) v HM SENIOR CORONER FOR INNER SOUTH LONDON KING'S COLLEGE HOSPITAL NHS FOUNDATION TRUST, INTERESTED PARTY THE INTENSIVE CARE SOCIETY AND THE FACULTY OF INTENSIVE CARE MEDICINE, SECRETARY OF STATE FOR HEALTH AND SECRETARY OF STATE FOR JUSTICE, INTERVENERS

Inquests – Coroner's duty to empanel a jury – Whether keeping an adult or child who lacks capacity in intensive care in hospital for treatment amounts to deprivation of liberty under article 5(1) of the European Convention on Human Rights – If so does that amount to “state detention” under the Coroners and Justice Act 2009.

[2017] Med LR 161

WHITE v PHILIPS

Testamentary capacity – Burden of proof – Relevance of expert medical evidence.

[2017] Med LR 180

R (ORIAKU) v NURSING AND MIDWIFERY COUNCIL

Judicial Review – Standing – Delay – Complaints – Allegations against other nurses – Registrar's discretion – Notification of complaint.

[2017] Med LR 207

BARNETT v MEDWAY NHS FOUNDATION TRUST

Clinical negligence – Causation of injury – Analysis of expert evidence – Whether evidence sufficient to satisfy burden of proof.

[2017] Med LR 217

SECRETARY OF STATE FOR JUSTICE v MM; WELSH MINISTERS v PJ

Deprivation of liberty – Hospital orders and restriction orders – Conditional discharge under restriction order – Conditional discharge where conditions imposed were a deprivation of liberty – Powers of First-tier Tribunal – Mental Health Review Tribunal for Wales and Upper Tribunal – Community treatment orders – Power of Mental Health Review Tribunal for Wales or First-tier Tribunal to vary community treatment orders.

[2017] Med LR 230

DARNLEY v CROYDON HEALTH SERVICES NHS TRUST

Duty of Care – Scope of Duty – Fair, just and reasonable – Receptionist – Accident & Emergency Department – Triage – Head injury – Responsibility of patient.

[2017] Med LR 245

CORREIA v UNIVERSITY HOSPITAL OF NORTH STAFFORDSHIRE NHS TRUST

Clinical negligence – Breach of duty and causation – Consent to three-stage operation – Whether consent vitiated by negligently performed lesser operation – Whether lack of warning of injury from negligently performed operation was actionable – Appellate court's approach to findings of fact – Sufficiency of reasons for rejecting expert evidence.

[2017] Med LR 292

THE PROFESSIONAL STANDARDS AUTHORITY v THE HEALTH AND CARE PROFESSIONS COUNCIL AND DOREE

Health and Care Professions Council – Conduct and Competence Committee – Whether sanction imposed on registrant for misconduct unduly lenient – Status of Indicative Sanctions Policy – Whether correctly applied – Whether registrant's insight into misconduct correctly assessed – Whether undue weight given to misconduct not having involved patients – Whether allegations should have been amended rather than dismissed following limited findings of fact.

[2017] Med LR 301

THEFAUT v JOHNSTON

Consent – Clinical negligence – Breach of duty – Causation – Medical treatment – Insufficiency of evidence – Expert evidence – Impartiality – Lay witnesses – Witness summons.

[2017] Med LR 319

R (A AND B) v SECRETARY OF STATE FOR HEALTH

Abortion – National Health Service – Access to abortion in England – Residence based system – Ordinary residence – Northern Ireland – Discrimination – National Health Service Act 2006 – European Convention on Human Rights.

[2017] Med LR 347

GENERAL MEDICAL COUNCIL v JAGJIVAN AND ANOTHER

General Medical Council – Appeals by the GMC under Medical Act 1983, section 40A – Jurisdiction to hear appeal against finding of no impairment – Guidance on approach to appeals under section 40A.

[2017] Med LR 380

VILCA AND OTHERS v XSTRATA LTD AND ANOTHER

Application to extend time for service of new expert evidence – Case management powers – Whether change of expert was expert shopping – Whether court should impose condition of disclosure of prior expert evidence.

[2017] Med LR 457

R v ROSE

Manslaughter by gross negligence – Foreseeability – Reasonable foreseeability of serious and obvious risk of death – Opticians.

[2017] Med LR 465

IRVINE v GENERAL MEDICAL COUNCIL

Medical Practitioners Tribunal – General Medical Council – Requirement to take out adequate insurance or professional indemnity cover – Whether effective contracts concluded – Whether dishonesty involved – Whether sanction of erasure justified.

[2017] Med LR 482

IN THE MATTER OF X (A CHILD) (NO 4)

Judicial pressure – Commissioning – National arrangements for provision of low secure mental health care – Lack of beds – Severely disturbed child.

[2017] Med LR 500

GENERAL MEDICAL COUNCIL v STONE

Medical Practitioners Tribunal Service – Inappropriate relationship with patient – Dishonesty – Sanction – Failure to properly consider Indicative Sanctions Guidance – Reasons.

[2017] Med LR 530

XX v WHITTINGTON HOSPITAL NHS TRUST

Surrogacy – Commercial surrogacy – Non-profit surrogacy – Donor eggs – Foreign surrogacy – Domestic surrogacy – Restorative compensation – Life expectancy – Provisional damages – Provisional damages for risk of psychological deterioration – Assessment for loss of earnings – Handicap on the labour market.

[2017] Med LR 545

M (BY HER LITIGATION FRIEND, Mrs B) v A HOSPITAL

Medical treatment – Mental capacity – Best interests – Minimally conscious state – Withdrawal of clinically assisted nutrition and hydration – Whether court approval legally required in case of agreement – Litigation friend – Suitability of family member as litigation friend.

[2017] Med LR 558

SYSMEX (UK) LTD v IMPERIAL COLLEGE HEALTHCARE NHS TRUST

Procurement – Health services’ managed services contract – Request to lift automatic suspension of ability to enter into contract – Public Contracts Regulations 2015 (SI 2015 No 102), reg 96 – Whether damages an adequate remedy – Balance of convenience – Meaning of “public interest”.

[2017] Med LR 569