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R (ON THE APPLICATION OF MAUGHAN) v HER MAJESTY'S SENIOR CORONER FOR OXFORDSHIRE (THE CHIEF CORONER OF ENGLAND AND WALES AND INQUEST, INTERVENERS)

[2021] Med LR 1

Inquests – Conclusions – Suicide – Unlawful killing – Standard of proof – Criminal standard – Civil standard.

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

[2021] Med LR 26

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.

HEWES v WEST HERTFORDSHIRE ACUTE HOSPITALS NHS TRUST AND OTHERS

[2021] Med LR 49

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.

GENERAL MEDICAL COUNCIL v HARIS

[2021] Med LR 66

Fitness to practise – Sexual offences – Test to be applied – Meaning of sexual motivation – Sexual assault – Touching.

XM (BY HIS FATHER AND LITIGATION FRIEND, FM) v LEICESTERSHIRE PARTNERSHIP NHS TRUST

[2021] Med LR 79

Health visitors – Nursery nurses – Standard of care – Head circumference – Brain injury – Rejection of expert evidence.

AZAM v UNIVERSITY HOSPITAL BIRMINGHAM NHS FOUNDATION TRUST

[2021] Med LR 150

Limitation – Preliminary issues – Discretion to disapply limitation – Evidential burden – Cogency of evidence – Death of a witness – Delay in bringing proceedings – Judicial discretion.

GENERAL MEDICAL COUNCIL v X

[2021] Med LR 161

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.

IN THE MATTER OF X (A CHILD) (NO 2) A NHS TRUST v X

[2021] Med LR 183

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.

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)

[2021] Med LR 220

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.

ISMAIL v JOYCE

[2021] Med LR 232

Clinical negligence – Breach of duty – Witness evidence.

HOPKINS (A CHILD AND PROTECTED PERSON BY HER GRANDMOTHER AND LITIGATION FRIEND, HOPKINS) v AKRAMY AND OTHERS

[2021] Med LR 244

Preliminary issue – Medical negligence – NHS outsourcing – Private company – Statutory non-delegable duties – Insurance shortfalls.

BASMA (SUING BY HER MOTHER AND LITIGATION FRIEND, BASMA) v MANCHESTER UNIVERSITY HOSPITALS NHS FOUNDATION TRUST AND ANOTHER

[2021] Med LR 259

Judicial review – Medical treatment – Eligibility assessments – Standard of review – Failure to take into account relevant evidence – Irrationality.

REDDY v GENERAL MEDICAL COUNCIL

[2021] Med LR 273

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.

DAVIES (EXECUTOR OF ESTATE OF MRS DAVIES, DECEASED) v FRIMLEY HEALTH NHS FOUNDATION TRUST

[2021] Med LR 294

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.

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

[2021] Med LR 323

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

BUX v GENERAL MEDICAL COUNCIL

[2021] Med LR 350

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

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

[2021] Med LR 365

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

IDDON v WARNER

[2021] Med LR 384

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

SASTRY AND OKPARA v GENERAL MEDICAL COUNCIL

[2021] Med LR 401

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

R (DAWSON) v UNITED LINCOLNSHIRE HOSPITALS NHS TRUST

[2021] Med LR 422

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.

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

[2021] Med LR 449

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

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)

[2021] Med LR 465

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.

HARIS v GENERAL MEDICAL COUNCIL

[2021] Med LR 498

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.

BREAKINGBURY v CROAD

[2021] Med LR 509

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.

KHAN v MEADOWS

[2021] Med LR 523

Clinical negligence – Scope of duty of care – Tort of negligence – Advice – Wrongful birth – SAAMCO counterfactual.

CHOUZA v ARTUR MENDONCA LOPES MARTINS AND OTHERS

[2021] Med LR 546

Law Reform (Miscellaneous Provisions) Act 1934 – Fatal Accidents Act 1976 – Quantification of loss – Loss of earnings – Harris ratio of financial dependency – Disclosure.

KING v ROYAL UNITED HOSPITALS BATH NHS FOUNDATION TRUST

[2021] Med LR 577

Clinical negligence – Death – Post-traumatic stress disorder (“PTSD”) – Psychiatric harm – Secondary victim – Unexpected and shocking event.

FIXSLER AND ANOTHER v MANCHESTER UNIVERSITY NHS FOUNDATION TRUST AND ANOTHER

[2021] Med LR 593

Child – Withdrawal of treatment – Religious views of family – Best interests test – Substituted judgment – Fresh evidence.

ADEROUNMU (A PROTECTED PARTY ACTING BY HIS LITIGATION FRIEND EDUN) v COLVIN

[2021] Med LR 616

Clinical negligence – Capacity – Protected party – Limitation.

HUGHES v RATTAN

[2021] Med LR 636

General Dental Services Contract – Duty owed by principal dentist to patient of dental practice – Independent contractors – Associate dentists – Whether principal dentist and practice owner owed a non-delegable duty of care to patients of the practice – Whether principal dentist was vicariously liable for the negligence of an associate dentist.

BELL AND ANOTHER v THE TAVISTOCK AND PORTMAN NHS FOUNDATION TRUST, AND NHS ENGLAND (INTERESTED PARTY), AND UNIVERSITY COLLEGE LONDON HOSPITALS NHS FOUNDATION TRUST, LEEDS TEACHING HOSPITALS NHS TRUST, TRANSGENDER TREND LTD, BROOK, GENDERED INTELLIGENCE, THE ENDOCRINE SOCIETY, DR DAVID BELL, THE ASSOCIATION OF LAWYERS FOR CHILDREN AND LIBERTY (INTERVENERS)

[2021] Med LR 663

Children - Declarations - Medical treatment - Puberty blocking drugs - Gender dysphoria - Gillick competence - Informed consent - Court jurisdiction