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Joyce v Merton, Sutton and Wandsworth Health Authority
(1996) 7 Med LR 01
Professional liability — Cardiology registrar — Diagnosis and treatment — Brachial cardiac catheterisation — Suturing error causing vascular complications — Repair/reconstruction operations carried out — Whether brachial artery was wholly or partially occluded on completion of procedure — Whether signs and symptoms such that surgeon should have appreciated that circulation in patient's right arm was compromised — Whether patient should not have been discharged from hospital until circulation had been restored to normal — Whether registrar should have called for assistance of vascular surgeons — Whether judge's finding that instructions given to patient were adequate should be reversed — Causation
Thomas v Brighton Health Authority
(1996) 7 Med LR 21
Damages — Cerebral palsy — Future losses — Appropriate multiplier — Use of Index Linked Gilts — Total award: £1,285,602.10 plus interest
R v General Medical Council, ex parte Phillips
(1996) 7 Med LR 31
Professional conduct — Medical practitioner — Questions as to mental fitness to practise and abuse of alcohol — Medical reports not unanimous — Balance of opinion in reports not supporting view that practitioner was unfit to practise or otherwise failed to satisfy requirements set out in General Medical Council (GMC) Health Committee (Procedure) Rules 1987 rule 8(3) — Whether President (GMC) acted beyond his powers and unlawfully in requiring undertakings by practitioner
Arndt v Smith
(1996) 7 Med LR 35
Professional liability — General practitioner — Duty to warn — Pregnant mother infected with chicken pox — Doctor's failure to warn of improbable but grave risks to foetus — Baby born suffering from congenital varicella syndrome — Action against doctor by parents — Whether parents' decision to abandon claim for wrongful life on behalf of child was appropriate — Whether duty on doctor to warn obstetric patients of all material risks faced by unborn foetuses — Whether doctor's failure to fully inform patient of all material risks amounted to medical negligence — Whether duty on doctor to warn prospective father of all material risks faced by foetus — Causation — Whether parents' action barred by (British Columbia) Limitation Act 1979
Abbas v Kenney
(1996) 7 Med LR 47
Professional liability — Gynaecologist — Consent — Negligence — Surgeon misled by pathology reports into believing that patient had ovarian cancer — Patient admitted for operation of laparotomy and oopherectomy — Surgeon finding mass or lump believed to be malignant — Operation for total pelvic clearance carried out — Whether surgeon explained to patient before operation that he might have to carry out total pelvic clearance and obtained her consent to such an operation if it was necessary — Whether surgeon's decision to carry out total pelvic clearance was negligent
Coker v Richmond, Twickenham and Roehampton Area Health Authority
(1996) 7 Med LR 58
Professional liability — General practitioner — Oral contraceptive — Contraindications — Patient discharged from hospital following treatment for low blood pressure — Oral contraceptive Binovum prescribed by general practitioner — Prescription changed to Trinordiol — Death of patient due to cerebral thrombosis — Witness statement by patient's deceased father that patient had headaches and symptoms of increasing severity — Conflict between doctors” evidence and father's statement
Bouchta v Swindon Health Authority
(1996) 7 Med LR 62
Professional liability — Gynaecologist — Hysterectomy — Damage to ureter — Operation not straightforward because of extent of fibroids — Uterus removed in two pieces — Whether appropriate and proper procedure in particular circumstances — Whether plaintiff had proved that damage to ureter arose from some act or omission during course of operation rather than from post-operative infection — Whether plaintiff had shown that result arose from lack of proper care — Res ipsa loquitur
Lybert v Warrington Health Authority
(1996) 7 Med LR 71
Professional liability — Gynaecology — Sterilisation — Warning of failure — Whether there was evidence upon which judge could reasonably conclude that surgeon did not give sufficiently clear and comprehensible warning — Whether there was evidence that had a warning been given patient would have taken steps to ensure that hysterectomy was carried out without undue delay
Mahmood v Siggins
(1996) 7 Med LR 76
Professional liability — General practitioner — Duty of care — Manic depressive patient in a state of relapse — New patient known to be manic depressive, with significant medical history including in-patient treatment, on medication — Patient injuring himself — Causation
Re Axelrod
(1996) 7 Med LR 81
Dentist — Patient confidentiality — files or records — Whether analogous to trust — Conflict between commercial obligations under general security agreement with finance company and his fiduciary professional obligations
Robinson v Jacklin
(1996) 7 Med LR 83
Professional liability — Neurology — 10-month old boy with VP shunt infection and blockage, diagnosed as tonsillitis and jaundice, admitted to hospital — Symptoms indicating possibility of neurological problems — Senior house officer consulting neurosurgical registrar at another hospital who advised that “with this history shunt blockage is unlikely” — Whether neurological surgeon negligent in not advising senior house officer that patient should be sent to hospital with neurological unit. — Professional liability — Casualty — 10-month old boy with VP shunt infection and blockage, diagnosed as tonsillitis and jaundice, admitted to hospital — Symptoms indicating possibility of neurological problems — Senior house officer consulting neurosurgical registrar at another hospital who advised that “with this history shunt blockage is unlikely” — Treatment by paediatric team continuing to investigate patient for other sources of continuing illness than shunt-related problem — Resulting severe brain damage — Whether more senior doctor than senior house officer should have been delegated to contact neurosurgical team. — Professional liability — Paediatrics — 10-month old boy with VP shunt infection and blockage, diagnosed as tonsillitis and jaundice, admitted to hospital — Symptoms indicating possibility of neurological problems — Senior house officer consulting neurosurgical registrar at another hospital who advised that “with this history shunt blockage is unlikely” — Treatment by paediatric team continuing to investigate patient for other sources of continuing illness than shunt-related problem — Resulting severe brain damage — Whether paediatric team were negligent in failing to refer patient to hospital with neurological unit — Causation
Murphy v Wirral Health Authority
(1996) 7 Med LR 99
Professional negligence — Midwife — Vaginal examination — Baby brain damaged due to abruption of placenta — Whether midwife was negligent in failing to summon doctor in reliance on foetal heart rate trace — Whether failure to carry out vaginal examination for 3 hours 10 minutes was negligence causative of baby's brain damage
Arndt v Smith
(1996) 7 Med LR 108
Professional liability — General practitioner — Duty to warn — Informed consent — Pregnant mother infected with chicken pox — Doctor's failure to warn of improbable but grave risks to foetus — Baby born suffering from congenital varicella syndrome — Action against doctor by parents of child — Appeal and cross-appeal against trial court's decision that (1) parents” decision to abandon claim for wrongful life on behalf of child was appropriate; (2) there was duty on doctor to warn pregnant patients of all material risks faced by unborn foetuses and doctor's failure to fully inform patient of all material risks amounted to medical negligence, but plaintiffs failed on causation; (3) parents” action was not barred by (British Columbia) Limitation Act 1979
Hallam-Eames v Merrett Syndicates Ltd
[1996] LS Law Med 122
Limitation — Knowledge — Constructive knowledge — Claims by Lloyd's Names in negligence in respect of losses incurred in writing US casualty business — Claims prima facie barred by six-year limitation period in Limitation 1980 — Whether Names could rely upon section 14A of Act — Whether Names had “knowledge required for bringing an action for damages in respect of the relevant damage” — Whether Names could reasonably have been expected to acquire knowledge required from documents sent to Names more than three years before issue of writ — Limitation Act 1980 section 14(A)
Goodwill v British Pregnancy Advice Service
(1996) 7 Med LR 129
Negligence — Duty of care — Advisory service — Duty to patient's sexual partner — Vasectomy performed on M in November 1984 — In April 1985 defendants advised M that vasectomy successful — Plaintiff commenced sexual relationship with M in March 1988 — Plaintiff advised of remote chance of conception despite partner's vasectomy — No contraceptive precautions taken — Plaintiff becoming pregnant and deciding not to have abortion — Whether plaintiff's action against defendants alleging breach of duty of care should be dismissed on grounds that pleadings (1) disclosed no reasonable cause of action; (2) were frivolous or vexatious or an abuse of process
Rhodes v Spokes
(1996) 7 Med LR 135
Professional liability — General practitioner — Diagnosis — Referral — Letter of referral — General practitioner's failure to suspect true nature of patient's illness although aware that patient had intracranial shunt — Failure to refer patient to neurologist — Importance of doctor's contemporaneous record of consultation — Failure to inform neurologist that patient had intracranial shunt — Effect of delay — Professional liability — Neurosurgeon Examination — Letter of referral not advising that patient fitted with intracranial shunt — Neurosurgeon not keeping open mind and not asking usual questions — Failure to refer patient for CT scan — Effect of delay
Ogden v Airedale Health Authority
(1996) 7 Med LR 153
Negligence — Employment — Safe system of working — Exposure to x-ray chemicals — Radiographer contracting occupational asthma — Whether defendant employers aware or should have been aware that chemicals contained irritants and posed risk of sensitisation Whether defendants failed to take precautions — Causation — Damages — Heads of damages — Loss of job security — No precedent for such an award Employee's loss of right not to have his employment terminated without compensation — Whether recoverable
Savill v Southend Health Authority
(1996) 7 Med LR 162
Practice — Procedure — Appeal — Delay — Discretion of court — Medical negligence action — Notice of appeal against district judge's order issued five days out of time — No explanation given for delay — Action dismissed for want of prosecution — Whether deputy judge acted contrary to principle
Allin v City & Hackney HA
(1996) 7 Med LR 167
Medical negligence — Gynaecology — Post traumatic stress disorder — Claim by mother that she suffered injury when misinformed that her baby had died and learnt, about six hours later, that baby had survived — Further claim that defendants failed to refer her for psychological treatment — Case No: MY451226
Forbes v Wandsworth Health Authority
[1996] LS Law Med 175
Limitation — Knowledge — Actual and constructive — Amputation carried out in November 1982 following unsuccessful bypass operations — Patient having no cause to suspect that anything had gone wrong with operation — Patient having complete trust in surgeon — No reason to suspect or think that amputation was due to act or omission of defendants — Proceedings commenced in December 1992 — Whether it would have been reasonable to expect patient to make enquiries before he did Whether proper case to allow action to continue under Limitation Act 1980 section 33 in court's discretion
Queen v Secretary of State for the Home Department, ex p Evans Medical Ltd
(1996) 7 Med LR 193
European Community — Free movement of goods — Diamorphine
Walkin v South Manchester Health Authority
(1996) 7 Med LR 211
Limitation — Personal injuries — Failed sterilisation — Woman patient's claim for damages for economic loss (cost of rearing the child) — No claim for personal injuries — Allegation that sterilisation operation in September 1986 was performed negligently — Whether action was for damages that “consist of or include damages in respect of personal injuries” — In February 1987 patient discovered that she was pregnant again — On October 10, 1991, second writ issued on her behalf claiming damages for economic loss based on negligent treatment and advice resulting in an unwanted pregnancy and birth of healthy child — Whether failure of attempt to sterilise patient was not itself a personal injury — Whether unwanted conception, whether as result of negligent advice or negligent surgery, was personal injury in sense of an “impairment” — Whether injury was moment of conception because resultant physical change in patient's body resulting from conception was an unwanted condition which she had sought to avoid by undergoing sterilisation operation
Spargo v North Essex District Health Authority
[1996] LS Law Med 219
Limitation — Knowledge — Attributability — Plaintiff released from compulsory admission to mental hospital in November 1981 — Cause of action accruing by time of release — Writ issued 12 years later — Whether plaintiff knew that injury was “attributable” to act or omission alleged to constitute negligence — Whether plaintiff's solicitor took all reasonable steps within meaning of Limitation Act 1980, section 14(3)
El-Morssy v Bristol & District Health Authority
(1996) 7 Med LR 232
Professional liability — Orthopaedics — Diagnosis — Patient presenting with, inter alia, back pain — Administration of epidural anaesthetic and cortico-steroid by means of in-dwelling epidural catheter — Patient later found to be suffering from syringomyelia due to infection by staphylococcus aureus — Whether infection could have been caused by epidural procedure — Whether orthopaedic surgeon negligent in relying on examination of his house officer — Professional liability — Anaesthetist — Procedure — Administration of epidural anaesthetic and cortico-steroid by means of in-dwelling epidural catheter — Patient suffering from syringomyelia due to infection by staphylococcus aureus - Whether patient ever had pyogenic infection in epidural space which resulted from epidural procedure performed by anaesthetist
Wiszniewski v Central Manchester HA
(1996) 7 Med LR 248
Professional liability — Obstetrics — Delivery — Midwife's decision to inform doctor of fetal tachycardia — Doctor's failure to attend mother — Whether doctor negligent in (a) failing to attend patient to examine her and consider trace before deciding what to do; (b) relying upon midwife — Doctor's failure to attend at trial — Whether leading to inference that, if he had attended patient, he would, after examination of patient and CTG trace, have concluded that it was necessary and safe to rupture membranes and proceed to caesarean section — Whether, had caesarean section been performed, plaintiff would not have suffered from cerebral palsy as cord would not have tightened round his neck during birth
AB and others v John Wyeth and Brother; Re: Benzodiazepine Litigation
(1996) 7 Med LR 267
Practice — Group litigation — Benzodiazepine litigation — Withdrawal of legal aid by Legal Aid Board — Whether remaining actions by non-legally aided plaintiffs should be struck out on grounds that they were an abuse of process, frivolous, vexatious or otherwise bound to fail — Whether there had been inordinate and inexcusable delay such as to make fair trial impossible
Nur v John Wyeth & Brother Ltd
(1996) 7 Med LR 300
Practice — Group litigation — Benzodiazepine litigation — Appeal by plaintiff against master's order striking out action for failure to serve medical report which substantiated injuries alleged to have resulted from ingestion of Ativan — Application by defendant for order that notified plaintiffs waive confidentiality relating to medical treatment — Application by general practitioner defendants for order striking out malpractice actions against those defendants as an abuse of process
N v United Kingdom Research Council; The CJD Litigation (QBD)
(1996) 7 Med LR 309
Medicines — Safety — Human growth hormone (HGH) — Recipients of HGH extracted from pituitaries of deceased contracting Creutzfeldt-Jakob Disease (CJD) — Claims against Medical Research Council and Department of Health on behalf of those recipients — Alleged negligent failure to carry out informed and frank reappraisal of HGH programme in 1973/74 and 1977 — Whether, if informed and frank debate had taken place between clinicians and other experts, decision not to suspend programme for new patients would have been negligent
Napier v Unum Ltd (QBD)
(1996) 7 Med LR 349
Insurance — Health policy — “Total inability of the insured by reason of sickness to follow his occupation” — Plaintiff ceasing employment due to fibromyalgia — Insurers disputing plaintiff's entitlement to benefit — Whether insurers” view of plaintiff's condition conclusive provided it was reached in good faith — Whether insurers entitled to recover overpaid benefit when they overlooked term of policy
Stephens v Doncaster Health Authority
(1996) 7 Med LR 357
Damages — Quantum — Cerebral palsy — Plaintiff suffering from quadriplegia and athetosis — Plaintiff fully dependent upon an adult for all his care needs throughout life — Issues as to appropriate multiplier and damages for future care needs
Shaw v Skeet
(1996) 7 Med LR 371
Practice — Evidence — Witness — Defendants in medical negligence action wishing to interview plaintiff's treating doctors following disclosure of hospital records — Whether plaintiff had any right to impede interview of witnesses — No “property in a witness” — Whether special considerations applied to doctors — Whether a party could impose conditions on interview
Denford v Redbridge & Waltham Forest HA
(1996) 7 Med LR 376
Limitation — Knowledge — Self-deprivation — Patient wrongly diagnosed as suffering from Coeliac disease — Patient discharging himself and refusing to repeat tests which had already been carried out — Total delay of 20 years before writ issued — Whether claim statute-barred-Exercise of court's discretion
McCandless v General Medical Council
(1996) 7 Med LR 379
Professional misconduct — Medical negligence — General practitioner — Finding by Professional Conduct Committee that care provided by doctor fell “deplorably short” of standard to be expected — Doctor found guilty of “serious professional misconduct” and ordered to be struck off Medical Register — Whether Professional Conduct Committee erred in law
Sims v Dartford & Gravesham Health Authority
(1996) 7 Med LR 381
Limitation — Medical negligence action — Knowledge — Prescription of drug (Tagamet) with side effects — Patient diagnosed as having right sided gynaecomastia — Proceedings commenced over five years after cause of action arose — Whether patient had “knowledge” within Limitation Act 1980 section 11 when prescription was changed to ranitidine and condition improved or when expert's report confirming side — effect was received — Whether court should exercise its discretion under Limitation Act 1980 section 33 to extend time limit
R v North Thames Regional Health Authority, ex parte L
(1996) 7 Med LR 385
National Health Service — Disciplinary functions — Responsibility — Doctors' “honorary” clinical contracts — Whether binding contracts of employment — Whether primary or delegated legislation effected transfer of doctors' employment from Regional Health Authority (RHA) to NHS Trusts — Whether patient making complaint through his father had sufficient interest to challenge legality or rationality of decisions taken by RHA not to bring disciplinary proceedings against doctors — Whether employment which doctors had under honorary clinical contract with NHS Trust was continuation in law of antecedent contractual relationship with RHA — Whether NHS Trust had power in law to delegate discharge of its disciplinary function back to RHA
Parry v Day
(1996) 7 Med LR 396
Professional liability — Dental surgeon — Extraction of wisdom tooth right molar — Alleged loss of feeling and residual numbness — Whether dentist was negligent in, inter alia, failing to warn of risk of nerve damage and consequent paraesthesia and explain potential complications — Damages — Quantum — Dental care — Residual loss of feeling in face — Claim for £50.000 — Comments by court that £1,000 more appropriate
South Buckinghamshire NHS Trust v R
(1996) 7 Med LR 401
Medical treatment — Consent — Low awareness state — Consideration of DNR (do-not-resuscitate) decisions — Order by court
O'Driscoll v Dudley Health Authority
[1996] LS Law Med 408
Limitation — Knowledge (actual and constructive) — Attributable — Cerebral palsy — Action alleging negligent mismanagement of birth commenced over 23 years after plaintiff's birth — Plaintiff profoundly physically handicapped from birth and entirely dependant on assistance and advice of parents — Parents alerted by television programme when plaintiff was aged 15 but deciding to leave claim until plaintiff aged 21 (mistakenly believed to be the age of majority) — Whether delay unreasonable — Degree of knowledge required of act or omission constituting negligence in complex medical case — Whether defendants had established that plaintiff had actual knowledge at any time before seeing her expert's report — Whether knowledge that injury could be attributed to hypoxia was knowledge that injury was “attributable” to act or omission alleged to constitute negligence — Whether constructive knowledge on plaintiff's part had been established
Regina v Azmy
(1996) 7 Med LR 415
Evidence — Criminal procedure — Disclosure of health care documents — Third party discovery — “material” — Alleged indecent assault of patient by general practitioner — Application by defence for disclosure of records of patient's counselling at sexual assault referral centre — Whether recipient of summons (NHS Trust) had established that it could not produce document likely to be material evidence — Whether court should determine itself whether document likely to be material — Whether documents entitled to public interest immunity
Robertson v Nottingham Health Authority
(1996) 7 Med LR 421
Professional liability — Obstetrics — Interpretation of cardiotacograms — Expectant mother admitted to hospital following reduction in foetal movements — Sporadic bradycardia and foetal distress during Braxton-Hicks contractions — Failure to monitor ultrasound scans by Pinnard's stethoscope — Pattern of concurrent decelerations — Delivery by caesarean section following seventh scan — Baby delivered brain damaged — Whether delay up to maximum two hours' duration was culpable — Whether delay caused or contributed to plaintiff's condition