i-law

Medical Law Reports Plus

ARB v IVF HAMMERSMITH LTD

[2018] Med LR Plus 1
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

ACB v THOMSON MEDICAL PTE LTD AND OTHERS

[2018] Med LR Plus 2
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

HUSSAIN v GENERAL PHARMACEUTICAL COUNCIL

[2018] Med LR Plus 3
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

RICHARDS (BY HIS DEPUTY AND LITIGATION FRIEND, MINIHANE) v WORCESTERSHIRE COUNTY COUNCIL AND ANOTHER

[2018] Med LR Plus 4
Mental Health Act 1983, section 117 - Aftercare services - Failure of statutory bodies to provide - Private funding - Restitutionary claim - Public law - Procedural exclusivity - Exclusion of private law claim - Strike out

MEADOWS v KHAN

[2018] Med LR Plus 5
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

PETERBOROUGH AND STAMFORD HOSPITALS NHS TRUST v McMENEMY REYNOLDS v NOTTINGHAM UNIVERSITY HOSPITALS NHS FOUNDATION TRUST

[2018] Med LR Plus 6
Costs - Conditional fee agreements - Recoverability of ATE insurance premium - Clinical negligence funding

MILLER AND ANOTHER v THE HEALTH SERVICE COMMISSIONER FOR ENGLAND

[2018] Med LR Plus 7
Health Service Commissioner - Ombudsman - Investigation - Alternative remedy - Procedural fairness - Pre-determination - Bias - Disclosure

YUSSOUF v THE SOLICITORS REGULATION AUTHORITY

[2018] Med LR Plus 8
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

RAZUMAS v MINISTRY OF JUSTICE

[2018] Med LR Plus 9
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

JAMES SPEARMAN (A PROTECTED PARTY BY HIS BROTHER AND LITIGATION FRIEND, ANDREW SPEARMAN) v ROYAL UNITED BATH HOSPITALS NHS FOUNDATION TRUST

[2018] Med LR Plus 10
Tort - Negligence - Personal injury - Duty of care - Occupiers' liability - Hospital premises - Reasonable foreseeability - Contributory negligence - Vulnerable patient - Mental disorder

GENERAL MEDICAL COUNCIL v SOMUAH-BOATENG

[2018] Med LR Plus 11
General Medical Council - Medical Practitioners Tribunal - Fitness to Practice - Sexual misconduct - Vulnerable patient - Sanction - Suspension - Erasure - Leniency - Overarching objective - Sanctions guidance.

SAUNDERS v CENTRAL MANCHESTER UNIVERSITY HOSPITALS NHS FOUNDATION TRUST

[2018] Med LR Plus 12
Burden of proof - Rare unexpected post-operative injury - Whether injury gave rise to inference of surgical negligence - Doctrine of res ipsa loquitur.

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

[2018] Med LR Plus 13
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.

NHS WINDSOR AND MAIDENHEAD CLINICAL COMMISSIONING GROUP v SP (BY HER LITIGATION FRIEND, THE OFFICIAL SOLICITOR)

[2018] Med LR Plus 15
Medical ethics - Persistent vegetative state - Withdrawal of Clinically Assisted Nutrition and Hydration ("CANH") - Need for court sanction - Procedure.

EVANS AND ANOTHER v ALDER HEY CHILDREN’S NHS FOUNDATION TRUST AND ANOTHER

[2018] Med LR Plus 16
Withdrawal of treatment - Children - Futility - Best interests - Relevance of parental views.

NHS DORSET CLINICAL COMMISSIONING GROUP v LB (BY HER LITIGATION FRIEND, THE OFFICIAL SOLICITOR) SHC (BY HIS LITIGATION FRIEND, THE OFFICIAL SOLICITOR)

[2018] Med LR Plus 17
Costs - Test cases - Welfare cases - Reasonableness - Preliminary Issue withdrawn.

NIELD-MOIR v FREEMAN

[2018] Med LR Plus 18
DNA testing - Disputed paternity - Inherent jurisdiction to direct saliva sample - ECHR article 8.

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

[2018] Med LR Plus 19
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.

GEE AND OTHERS v DEPUY INTERNATIONAL LTD

[2018] Med LR Plus 20
Total hip arthroplasty – Metal-on-metal prosthesis – Defective products – Consumer Protection Act 1987 – Meaning of defective – Correct approach and relevant factors – Causation.

NAX v KING'S COLLEGE HOSPITAL NHS FOUNDATION TRUST

[2018] Med LR Plus 21
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.

HALLETT v DERBY HOSPITALS NHS FOUNDATION TRUST

[2018] Med LR Plus 22
Health - Employment - Contracts - NHS trusts - Junior doctors - Working time - Rest breaks - Monitoring.

CERYS CLEMENTS (BY HER MOTHER AND LITIGATION FRIEND, JULIA GEIS-CLEMENTS) v IMPERIAL COLLEGE HEALTHCARE NHS TRUST

[2018] Med LR Plus 23
Clinical negligence - Causation - Burden and standard of proof - Breach of duty - Midwifery care - Responsible body of medical opinion - Sudden untoward postnatal collapse

CALDERDALE AND HUDDERSFIELD NHS FOUNDATION TRUST v ATWAL

[2018] Med LR Plus 24
Contempt of Court - Committal - Sentence - Imprisonment - Dishonesty - Exaggeration of claim

HENDERSON (A PROTECTED PARTY, BY HER LITIGATION FRIEND, THE OFFICIAL SOLICITOR) v DORSET HEALTHCARE UNIVERSITY NHS FOUNDATION TRUST

[2018] Med LR Plus 25
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

DUCE v WORCESTERSHIRE ACUTE HOSPITALS NHS TRUST

[2018] Med LR Plus 26
Clinical negligence - Breach of duty - Consent - Causation - Duty to warn of risk - But for causation - Sufficient cause

RAYCHAUDHURI v GENERAL MEDICAL COUNCIL (THE PROFESSIONAL STANDARDS AUTHORITY FOR HEALTH AND SOCIAL CARE, INTERVENERS)

[2018] Med LR Plus 27
Right of General Medical Council to appeal against finding of non-impairment of fitness to practise by Medical Practitioner's Tribunal - Whether knowingly making false statement dishonest in particular circumstances of case

MANZI v KING’S COLLEGE HOSPITAL NHS FOUNDATION TRUST

[2018] Med LR Plus 28
Clinical negligence - Defendant's decision not to rely on a junior doctor's evidence - Drawing of adverse inferences - Reliance on clinical records

GENERAL MEDICAL COUNCIL v CHANDRA

[2018] Med LR Plus 29
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

BAWA-GARBA v GENERAL MEDICAL COUNCIL (BRITISH MEDICAL ASSOCIATION, PROFESSIONAL STANDARDS AUTHORITY FOR HEALTH AND SOCIAL CARE AND BRITISH ASSOCIATION OF PHYSICIANS OF INDIAN ORIGIN, INTERVENERS)

[2018] Med LR Plus 30
Medical Practitioner's Tribunal Service - Registrant convicted of gross negligence manslaughter - Appropriate sanction - Substitution of sanction by appellate court

JAHANGIRI v ST GEORGE’S UNIVERSITY HOSPITALS NHS FOUNDATION TRUST

[2018] Med LR Plus 31
Interim Injunction - Disciplinary procedures - Gross misconduct - Maintaining High Professional Standards ("MHPS") - Exclusion from work - Breach of contract - Unreasonableness - Irrationality - Doctor - Serious issue to be tried - Strongly arguable case.

BRANGWYN v SOUTH WARWICKSHIRE NHS FOUNDATION TRUST

[2018] Med LR Plus 32
Health - Employment - Disability - Discrimination - Reasonable adjustments - Provision, criteria or practice - Perceived provision, criteria or practice - Job descriptions.

DARNLEY v CROYDON HEALTH SERVICES NHS TRUST

[2018] Med LR Plus 33
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 in receptionist advising about waiting time - Whether break in the chain of causation.

HEWES v WEST HERTFORDSHIRE HOSPITALS NHS TRUST (1), EAST OF ENGLAND AMBULANCE SERVICE NHS TRUST (2), DR TANNA (3)

[2018] Med LR Plus 34
Clinical negligence - Suspected Cauda Equina - Referral by GP to hospital - Appeal from the Master - Summary judgment.

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