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HENDERSON (A PROTECTED PARTY, BY HER LITIGATION FRIEND, THE OFFICIAL SOLICITOR) v DORSET HEALTHCARE UNIVERSITY NHS FOUNDATION TRUST
[2021] Med LR Plus 1
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
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 Plus 2
Inquests - Conclusions - Suicide - Unlawful killing - Standard of proof - Criminal standard - Civil standard
GENERAL MEDICAL COUNCIL v HARIS
[2021] Med LR Plus 3
Fitness to Practise - Sexual offences - Test to be applied - Meaning of sexual motivation - Sexual assault - Touching
HEWES v WEST HERTFORDSHIRE ACUTE HOSPITALS NHS TRUST AND OTHERS
[2021] Med LR Plus 4
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 X
[2021] Med LR Plus 5
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
AZAM v UNIVERSITY HOSPITAL BIRMINGHAM NHS FOUNDATION TRUST
[2021] Med LR Plus 6
Limitation - Preliminary issues - Discretion to disapply limitation - Evidential burden - Cogency of evidence - Death of a witness - Delay in bringing proceedings - Judicial discretion
XM (BY HIS FATHER AND LITIGATION FRIEND, FM) v LEICESTERSHIRE PARTNERSHIP NHS TRUST
[2021] Med LR Plus 7
Health visitors - Nursery nurses - Standard of care - Head circumference - Brain injury - Rejection of expert evidence
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 Plus 8
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
HOPKINS (A CHILD AND PROTECTED PERSON BY HER GRANDMOTHER AND LITIGATION FRIEND, HOPKINS) v AKRAMY AND OTHERS
[2021] Med LR Plus 9
Preliminary issue - Medical negligence - NHS outsourcing - Private company - Statutory non-delegable duties - Insurance shortfalls
IN THE MATTER OF X (A CHILD) (NO 2) A NHS TRUST v X
[2021] Med LR Plus 11
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
DAVIES (EXECUTOR OF ESTATE OF MRS DAVIES, DECEASED) v FRIMLEY HEALTH NHS FOUNDATION TRUST
[2021] Med LR Plus 12
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
REDDY v GENERAL MEDICAL COUNCIL
[2021] Med LR Plus 13
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
BASMA (SUING BY HER MOTHER AND LITIGATION FRIEND, BASMA) v MANCHESTER UNIVERSITY HOSPITALS NHS FOUNDATION TRUST AND ANOTHER
[2021] Med LR Plus 14
Judicial review - Medical treatment - Eligibility assessments - Standard of review - Failure to take into account relevant evidence - Irrationality
PARFITT v GUY’S AND ST THOMAS’ CHILDREN’S NHS FOUNDATION TRUST AND PIPPA KNIGHT (BY HER CHILDREN’S GUARDIAN)
[2021] Med LR Plus 15
Medical treatment - Children - Best interests - Withdrawal of life-sustaining treatment - Lack of awareness - Parental views
AB v CD, THE TAVISTOCK AND PORTMAN NHS FOUNDATION TRUST, UNIVERSITY COLLEGE LONDON NHS FOUNDATION TRUST, AND XY
[2021] Med LR Plus 16
Children - Medical treatment - Puberty blockers - Gender dysmorphia - Gillick competence - Parental consent
BUX v GENERAL MEDICAL COUNCIL
[2021] Med LR Plus 17
General Medical Council - Fitness to practise - Medical expert report - Conflict of interest - Duty of disclosure - Dishonesty - Erasure
IDDON v WARNER
[2021] Med LR Plus 18
Fundamental dishonesty - Clinical negligence - Dishonesty in respect of quantum of claim - Successful application by defendant for dismissal of claim on ground of dishonesty
NEGUS AND BAMBRIDGE (EXECUTORS OF THE ESTATE OF NEILL, DECEASED) v GUY’S AND ST THOMAS’ NHS FOUNDATION TRUST
[2021] Med LR Plus 19
Clinical negligence - Breach of duty - Consent - Aortic surgery - Causation - Experts
R (DAWSON) v UNITED LINCOLNSHIRE HOSPITALS NHS TRUST
[2021] Med LR Plus 20
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
SASTRY AND OKPARA v GENERAL MEDICAL COUNCIL
[2021] Med LR Plus 21
Appeals from Medical Practitioners Tribunal - Appeals by practitioner - Appropriate test - Deference to the Tribunal
HARIS v GENERAL MEDICAL COUNCIL
[2021] Med LR Plus 22
Medical Practitioners' Tribunal - Fitness to practise - Sexual misconduct - Finding that non-clinically indicated intimate examinations of two patients were not sexually motivated - Appeal against finding by General Medical Council – High Court decision to quash finding - Doctor's appeal to Court of Appeal - Inferences of fact to be drawn from primary facts - Proper appellate approach to challenges to such inferences
BREAKINGBURY v CROAD
[2021] Med LR Plus 23
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
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 Plus 24
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
KHAN v MEADOWS
[2021] Med LR Plus 25
Clinical negligence - Scope of duty of care - Tort of negligence - Advice - Wrongful birth - SAAMCO counterfactual
CHOUZA (PERSONAL REPRESENTATIVE OF MR ALBINO OTERO RODRIGUEZ, DECEASED) v ARTUR MENDONCA LOPES MARTINS AND OTHERS
[2021] Med LR Plus 26
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 Plus 27
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 Plus 28
Child - Withdrawal of treatment - Religious views of family - Best interests test - Substituted judgment - Fresh evidence
HUGHES v RATTAN
[2021] Med LR Plus 29
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
ADEROUNMU (A PROTECTED PARTY ACTING BY HIS LITIGATION FRIEND EDUN) v COLVIN
[2021] Med LR Plus 30
Clinical negligence - Capacity - Protected party - Limitation
THORLEY (BY HIS LITIGATION FRIEND, THORLEY) v SANDWELL AND WEST BIRMINGHAM HOSPITALS NHS TRUST
[2021] Med LR Plus 31
Clinical negligence - Local guidance - Adverse inferences where witnesses were not called - Causation - Material contribution
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 Plus 32
Children - Declarations - Medical treatment - Puberty blocking drugs - Gender dysphoria - Gillick competence - Informed consent - Court jurisdiction
CAMBRIDGE UNIVERSITY HOSPITALS NHS FOUNDATION TRUST v AH (BY HER LITIGATION FRIEND, THE OFFICIAL SOLICITOR) AND OTHERS
[2021] Med LR Plus 33
Serious medical treatment - Ventilation - Neurological damage - Covid-19 - Best interests - Palliative care - Past wishes and feelings - Religion
AGBEZE v BARNET ENFIELD AND HARINGEY MENTAL HEALTH NHS TRUST
[2021] Med LR Plus 34
Employment contract - Implied terms - Unlawful deductions from wages - Misconduct investigation - Suspension - Bank workers - Zero hours contracts