- Home/Publications/Medical Law Reports
Janardan v East Berkshire Health Authority
(1990) 2 Med LR 1
Damages — Assessment — Brain damage — Plaintiff suffering cerebral palsy as a result of asphyxia at birth — Palsy choreic and athetotic but mental facilities unimpaired — Plaintiff requiring assistance for life expectancy of 55 — Comparison with tetraplegic cases in assessing damages for pain and suffering — Multiplicands, multipliers and discounts to be applied in assessing loss of earnings and cost of future care
Sellers v Cooke (Preliminary Issue)
(1990) 2 Med LR 13
Evidence — Fresh evidence — Appeal — Medical negligence case — Application to adduce fresh evidence at appeal — Member of medical team overseas at trial — Whether evidence could have been obtained by plaintiff's solicitors using reasonable diligence before trial
Sellers v Cooke & Ors
(1990) 2 Med LR 16
Professional liability — Obstetrician — Causation — Alleged wrongful diagnosis of probable miscarriage and termination of pregnancy — Expert evidence on causation — Whether trial judge erred in holding that foetus would probably not have survived in any event due to infection of interstitial tissues of lung — Whether judge's use of term “prognosis” intended to include reference to expert opinions as to condition of foetus before abortifacient administered — Whether judge understood crucial significance of issues — Whether plaintiff's application to adduce fresh evidence should be dismissed
Rance v Mid-Downs Health Authority and Storr
(1990) 2 Med LR 27
Professional liability — Radiologist — Foetal abnormality suspected at ultrasonic scan — Scan at 25½ weeks' gestation — Radiologist's opinion that 19 weeks was last possible date for lawful termination of pregnancy — Failure to arrange follow-up scan or inform mother of suspicion — Whether abortion at 27 weeks would have been unlawful — Whether radioligist negligent — Whether negligence could have resulted in birth of child suffering from spina bifida — Whether ex turpi causa doctrine applicable — Abortion — Legality — Foetal abnormality suspected at ultrasonic scan — Scan at 25½ weeks' gestation — Whether infant would have been a child “capable of being born alive” at time any hypothetical abortion might have taken place — Whether radiologist under duty to re-scan or refer to centre of greater experience — Applicability of ex turpi causa doctrine — Offences Against the Person Act 1861; Infant Life Preservation Act 1929; Abortion Act 1967
Taylor v General Medical Council
(1990) 2 Med LR 45
Medical practitioner — Professional conduct — Disciplinary proceedings — Powers of General Medical Council Professional Conduct Committee — Period of suspension ordered with intimation of resumed consideration of case — Period of suspension extended at resumed consideration — Further resumed consideration and further extension of suspension — Whether extensions of suspension wrong in principle
Cunningham v Camberwell Health Authority
(1990) 2 Med LR 49
Damages — Multiplier — Life expectancy — Brain-damaged tetraplegic — Diminution of power of speech and awareness of plight balanced by reduced life expectancy — Whether award should be made on basis of tetraplegic and adjusted on basis of additional damage to brain
R v Secretary of State for the Home Department, ex parte K
(1990) 2 Med LR 53
Mental health — Restricted patient — Conditional discharge — Patient committing manslaughter while suffering from psychopathic disorder — Detention orders under Mental Health Act — Mental health review tribunal satisfied that patient not suffering from mental illness — Patient released conditionally and committing further criminal offences — No medical evidence that patient still suffering from mental disorder — Patient recalled by Secretary of State without medical evidence — Whether Secretary of State empowered to recall — Effect of European Human Rights Convention — Mental Health Act 1983 section 42(3)
Re J (A Minor)
(1990) 2 Med LR 67
Medical treatment — Consent — Ward of court — Baby of 5 months profoundly but not terminally ill — Ventilation required on several occasions — Baby's severe lack of capacity in all faculties — Further ventilation involving risk of deterioration — Judge's order authorizing hospital to treat baby within parameters of medical opinion that it would not be in baby's best interests to reventilate in the event of his stopping breathing — Whether invasive and distressing nature of treatment clearly capable of producing quality of life justifying judge's conclusion — Whether judge's order should be varied
R v Birch
(1990) 2 Med LR 77
Mental health — Offender — Restriction order — Protection of public — Plea of manslaughter by reason of diminished responsibility accepted — Unanimous medical opinion that offender required mental treatment but was not threat to public safety — Hospital order made — Whether court had jurisdiction to make restriction order without limitation of time — Whether order “necessary” for protection of public “from serious harm” — Mental Health Act 1983 sections 37, 41
R v Hampshire County Council Social Services Department ex p King
(1990) 2 Med LR 84
Judicial review — Child care proceedings — Alleged sexual abuse — Medical reports — Duty to disclose to parents — Council's failure to inform parents' advisers of medical examination which found no physical symptoms of sexual abuse — Council's refusal (i) to disclose subsequent written medical report, (ii) to permit further paediatric examination — Whether a fundamental breach of natural justice or justified as fair and proper exercise of discretion
R v Royal Pharmaceutical Society, ex p Association of Pharmaceutical Importers
(1990) 2 Med LR 89
Pharmacist — Pharmaceutical products — Parallel imports — Measures having equivalent effect — Protection of public health — Trademark — EEC Treaty articles 30,36 — Medicines Act 1968, section 58(2)
Ellis v Wallsend District Hospital
(1990) 2 Med LR 103
Professional liability — Surgeon — Causation — Negligent failure to inform patient of possible consequences of surgery — Whether patient would have refused operation if informed — Whether objective or subjective test should be applied — Hospital — Negligence — Duty of care to patient — Whether public hospital vicariously liable for acts of “honorary” medical officer operating on private patient and using hospital's facilities — Whether hospital owed a non-delegable duty of care to patient — Relationship between hospital and surgeon where surgeon operating on private patient
Loveday v Renton and Another
(1990) 1 Med LR 117
Product liability - Vaccine (pertussis) - Causation - Whether pertussis vaccine can cause permanent brain damage in young children - Medical evidence - Whether vaccination in breach of contraindications constitutes negligence - Evidence relevant to establishing causation. - Medical practitioner - Negligence - Standard of care - Pertussis vaccination - Observance of contraindications
Doe v USA
(1990) 2 Med LR 131
Professional liability — Surgeon — Duty of care — Causation — Foreseeability of risk — Child patient requiring series of blood transfusions following tonsillectomy — Patient contracting AIDS — Whether surgeon negligent in post-operative care — Whether risk of patient contracting AIDS from blood transfusions was reasonably foreseeable
Brady v Brown
(1990) 2 Med LR 132
Damages — Quantum — Solatium — Vasectomy operation resulting in internal bleeding in scrotum — Pain and discomfort resulting in problems with sexual intercourse and associated marital problems
R v Shropshire Health Authority
(1990) 1 Med LR 219
National Health Service — Hospital — Closure — Consultation — Review of operations by district health authority — Vast number of proposals including closure of Oswestry Hospital and transfer of services — Hospital's League of Friends properly consulted on initial proposals — Second proposals approved by Secretary of State — Whether League of Friends entitled to further consultation on second proposals — Legitimate expectation of consultation from health service circular — Whether approved proposals were mere modifications of first proposals or were fresh proposals — Whether legitimate expectation of consultation from statement by Secretary of State — Health Service Circular (IS) 207 Appendix A
Chambers v Southern Health and Social Services Board
(1990) 1 Med LR 231
Professional liability — Anaesthetist — Duty of care — Difficult intubation due to female patient's obesity and absence of teeth — Aspiration of stomach fluid by patient during operation — Whether anaesthestist liable for resulting injury — Whether drugs administered in proper order and dosage — Anaesthetist's notes — Requirements of good anaesthetic practice
Ross v Secretary of State for Scotland
(1990) 1 Med LR 235
National Health Service (Scotland) — Health Department — Discretionary powers — Vaccination programme against smallpox — Allegation that pursuer suffered brain damage as a result of vaccination — Action brought against Health Department and medical practitioner who carried out vaccination — Pursuer's case against Health Department based on alleged breach of duty — Whether case based on matters of policy or implementation of policy — Whether case based on matters of policy must allege bad faith — Whether sufficient for pursuer to allege irresponsibility
Stephen v Riverside Health Authority
(1990) 1 Med LR 261
Limitation of action — Tort — Personal injuries — Plaintiff's suspicion that she had received overdose of radiation during mammography — Plaintiff trained in radiography — Whether anxiety based on that suspicion could constitute knowledge of significant injury — Date of plaintiff's knowledge that her injuries were significant — Effect of authoritative assurances from medical experts — Limitation Act 1980 section 14(1),(2),(3)
Perkins v Bath District Health Authority
(1990) 1 Med LR 268
Mental disorder — Patient detained in hospital for assessment under section 2 of the Mental Health Act 1983 — Mental health review tribunal discharging patient and deferring discharge — Application for writ of habeas corpus - Application for judicial review
W v Egdell
(1990) 1 Med LR 272
Mental disorder — Offender — Hospital order and restriction order without limit of time — Application to mental health review tribunal — Psychiatrist for patient compiling report containing new information relevant to question of proposed transfer of patient from secure hospital to regional secure unit — Whether psychiatrist entitled to disclose report to proper authorities against patient's wishes. — Professional liability — Duty of confidentiality — Psychiatrist — Application to mental health review tribunal — Psychiatrist for patient compiling report containing new information relevant to question of proposed transfer of patient from secure hospital to regional secure unit — Whether psychiatrist entitled to disclose report to proper authorities against patient's wishes
H v Royal Alexandra Hospital for Children
(1990) 1 Med LR 297
Product liability — Blood product (anti haemophilia factor: AHF) — HIV contamination — AHF, in concentrate and cryoprecipitate form, administered to plaintiff, an infant haemophiliac, during factor VIII replacement therapy for swollen joints in March 1982 and September 1983 — Plaintiff infected with HIV virus and contracted AIDS — Liability in negligence of hospital, manufacturers and distributor of blood product — Duty of care — Whether manufacturers and distributor negligent in failing to implement screening of donors, to withdraw product, to carry out surrogate testing and to warn of risk — Whether hospital negligent in diagnosis and treatment, in failing to use dedicated blood and to warn of AIDS risk — Time of infection — Remoteness of damage
Roy v Kensington Family Practitioners Committee
(1990) 1 Med LR 104
National Health Service — General practitioner Legal relationship with family practitioner committee — Practitioner's basic practice allowance reduced by family practitioner committee — Whether practitioner could challenge decision by action in contract. — Medical practitioner — General practitioner — Practice allowance — Reduction of practitioner's basic allowance by family practitioner committee — Whether relationship between practitioner and family practitioner committee based on contract or statute
Salih v Enfield Health Authority
(1990) 1 Med LR 333
Damages — Quantum — Handicapped child — Negligent failure to diagnose and warn mother that child could be affected by rubella — Whether expenses claimed were necessary or reasonable — Whether claim for loss of earnings established — Whether mother entitled to only nominal general damages — Whether parents entitled to basic cost of providing for and maintaining child
Carmichael v The General Dental Council
(1990) 1 Med LR 338
Professional conduct — Dentist — Disciplinary proceedings — “Professional Conduct and Fitness to Practice” — Dentist administering drugs to sedate patient — Whether patient in fact rendered unconscious — Whether Judicial Committee should interfere with findings of fact or alter penalty imposed by Professional Conduct Committee
Pickering v Liverpool Daily Post
(1990) 1 Med LR 341
Mental health — Mental health review tribunal — Contempt — Whether publication of date of hearing, anything said or done, contents of any document produced, and names of any persons concerned in mental health review tribunal proceedings prohibited — Whether tribunal a “court” — Whether patients who apply to tribunal for discharge, members of and persons who tender evidence to such tribunal may apply for injunction restraining such publication
Kitchen v McMullen
(1990) 1 Med LR 352
Professional liability (Canada) — Medical practitioner — Duty of disclosure — Blood product administered to haemophiliac suffering from delayed bleeding — Hepatitis contracted by haemophiliac from blood product — Warning of hepatitis risk on product packaging — Risk of infection very low — Treatment necessary for patient — Medical practice not to disclose risk — Whether doctor should have disclosed risk to patient — Burden of proof
In re Medical Defence Union; Bascombe v Sinclair
(1990) 1 Med LR 359
Coroner — Jurisdiction — Hong Kong — Death of patient during routine medical operation — Hospital oxygen supply contained nitrogen — Whether coroner exceeded jurisdiction in allowing issue whether anaesthetist exercised reasonable care to be canvassed at enquiry and in permitting lack of care verdict to be left to jury — Whether enquiry conducted in a manner unfair to anaesthetist — Whether Hong Kong Coroners Rules inherently flawed — Whether Medical Defence Union Ltd had locus standi to bring, with anaesthetist, action for judicial review
R v Legal Aid Area No 10 (East Midlands), ex p McKenna
(1990) 1 Med LR 375
Legal aid — Judicial review — Group litigation (Opren) — Refusal by legally-aided claimant to accept global settlement offer in principle — Lack of medical evidence regarding claimant's case — Whether unreasonable that claimant should continue to receive legal aid — Whether appeal subcommittee decided correctly in rejecting claimant's appeal against area committee's decision to discharge certificate
Chrzanowska v Glaxo Laboratories Ltd
(1990) 1 Med LR 385
Practice and procedure — Group litigation — Medical product liability — Myodil — Appointment of judge — Whether cost — sharing order should be made — Comments by court — Rules of the Supreme Court, order 15, rule 12; Supreme Court Act 1981 section 51(1)
R v Derbyshire County Council, ex p Noble
(1990) 1 Med LR 387
Medical practitioner — Contract for services — Deputy police surgeon — Dismissal from appointment — Alleged unfairness and unreasonableness — Whether application by way of judicial review available — Whether sufficient public law element
R v Legal Aid Area No 8
(1990) 1 Med LR 394
Legal aid — Product liability — Pertussis vaccine — Claims for damages by claimants allegedly brain damaged by vaccine — Refusal of legal aid and discharge of legal aid certificates — Whether legal aid appeal committee failed to give adequate reasons; failed to have regard to all material considerations; acted irrationally; misdirected themselves in law; acted unfairly or in breach of natural justice
R v Firth
(1990) 1 Med LR 411
Criminal law — Evasion of liability by deception — Consultant gynaecologist — Alleged evasion of liability to National Health Service in respect of private patients — Consultant's failure to inform hospital of patients” private status in respect of antenatal and hospital treatment — Whether consultant correctly found guilty of evasion of liability by deception where acts were of omission not commission — Whether offence could be committed in respect of a future liability
Organon Laboratories Ltd v Department of Health and Social Security
(1990) 1 Med LR 417
Medicine — Safety — Mianserin — Variation of licence — Evidence — Licence to sell medicinal product varied by licensing authority on advice of Committee on Safety of Medicines and Medicines Commission — Evidence of safety of medicine in overdose excluded — Whether Committee on Safety of Medicines misdirected itself — EEC directive 65 of 1965 in potential conflict with Medicines Act 1968 — Whether State precluded, as against individual, from relying on directive which it had not put into legislative effect. — European Community — Harmonization of laws — Medical products — EEC directive 65 of 1965 in potential conflict with Medicines Act 1968 — Whether State precluded, as against individual, from relying on directive which it had not put into legislative effect
Corbett v Barking Health Authority
(1990) 1 Med LR 433
Damages — Assessment — Fatal accident claim — Calculation of multiplier in capitalization of future damages — Mother's death shortly after dependant's birth — Dependency of 18 and multipler of 12 calculated as at date of death — Award of damages not made until dependant 11 + years old-0.5 year multiplier remaining applied to assessment of post-trial damages — Whether multiplier as at date of death should be adjusted to take account of facts known at trial — Whether trial court correct in (1) discounting altogether possibility that dependant might have proceeded to tertiary education; (2) assessing net in-hand figure for nanny/carer costs at £100 per week; (3) applying discount of 50% to damages for loss of mother's services; (4) awarding £3,000 for loss of mother's additional services; (5) disallowing interest to infant dependant because of delay in bringing case to trial
R v Newington
(1990) 1 Med LR 450
Mental health — Patient — Care — “Ill-treat” — Criminal liability — Indictment alleging “ill-treatment” and “wilful neglect” amended by trial judge during summing-up — Whether “wilful neglect” could be equated with “ill-treat”
R v Secretary of State for Health, ex parte Keen
(1990) 1 Med LR 455
National Health Service — Expenditure of resources Forward planning — Judicial review — Expenditure by Secretary of State and health authorities on preparation of hospital's application for NHS trust (self-governing) status under National Health Service and Community Care Bill if and when bill became law — Whether such expenditure lawful before bill became law
Eastman v SW Thames Health Authority
(1990) 1 Med LR 460
Negligence — Duty of care — Ambulance — Passenger escorting patient in back of ambulance — Whether health authority under duty to instruct ambulance crews to identify seat belts and encourage their use by passenger escorting patient in rear of ambulance
Moyes v Lothian Health Board
(1990) 1 Med LR 463
Professional liability — Consent — Duty to warn — Invasive diagnostic procedure (angiography) — Patient with migraine — Whether necessary for informed consent of patient to be obtained in 1982 — Whether patient should have been informed of risk of stroke