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Rees v Darlington Memorial Hospital NHS Trust
[2004] Lloyd's Rep Med 01
Wrongful birth claim — Damages — Healthy child born to disabled mother — Whether mother entitled to recover extra costs of bringing up child attributable to mother's disability
R (Dr George) v GMC & South Staffordshire NHS Trust
[2004] Lloyd's Rep Med 33
Interim suspension of medical practitioner by Interim Orders Committee of General Medical Council — Challenge to suspension by application under section 41A(10) Medical Act 1983 — Whether judicial review of Committee's decision available or appropriate — Whether Committee entitled to have regard to matters more than five years old — Employment: whether employer could consider dismissal of doctor suspended by Interim Orders Committee — Practice and procedure: whether application to court under section 41A(10) Medical Act 1983 should be regarded as an appeal, or as an application under CPR Part 54
Sadler v General Medical Council
[2004] Lloyd's Rep Med 44
Professional performance procedures of the General Medical Council — Relationship between assessment by an assessment panel and adjudication by the Committee on Professional Performance — Whether assessment to extend beyond examination of past performance — Standard of proof to be applied in determining the facts alleged to demonstrate seriously deficient performance — Whether self-regulation and the constitution of the Committee contrary to jurisprudence arising under the European Convention on Human Rights
Cook v United Bristol Health Care
[2004] Lloyd's Rep Med 63
Damages — Calculation of future losses — Allowances to be made for future inflation — Assessment of multiplier and multiplicand — Admissibility of expert evidence identifying rise in costs above retail price index
Glass v United Kingdom
[2004] Lloyd's Rep Med 76
Admissibility decision relating to complaints under Articles 2, 6, 8, 13 and 14 in connection with medical treatment of disabled child where fundamental disagreement existed between the doctors and the child's mother relating to aspects of the provision and refusal of treatment — Article 2 generally inapplicable to errors in individual clinical decisions — Article 8 arguable
ES v Chesterfield and North Derbyshire NHS Trust
[2004] Lloyd's Rep Med 90
Practice and procedure — Two experts from same speciality — Exceptional reasons justifying permission to claimant to adduce two experts
Peter Wardlaw v Dr Stephen Farrar
[2004] Lloyd's Rep Med 98
Clinical negligence — Expert evidence — Directions as to experts' use of medical literature — Role of appellate court as to assessment of expert evidence — Admission of additional expert literature on appeal — CPR and exchange of medical expert literature
An NHS Trust v D
[2004] Lloyd's Rep Med 107
Pregnant patient lacking mental capacity — Termination — Guidance on when a declaration should be sought prior to termination — Ethics
R (on the application of Watts) v Bedford Primary Care Trust
[2004] Lloyd's Rep Med 113
Judicial review — Payment by NHS for treatment in another European Union state — Form E112 procedure — Whether enforceable right to reimbursement for treatment overseas — European Community Treaty, Article 49 — Whether European Community Treaty, Article 49 applicable to authorisation of treatment in another European Union state — Test of “undue delay” in providing treatment — Whether “undue delay” assessed by reference to NHS waiting lists — European Council Regulation No 1408/71, Article 22 — European Convention on Human Rights Articles 3 and 8 — [2003] EWHC 2228 (Admin)
R (Khan) v Secretary of State for Health
[2004] LS Law Med 159
Judicial review — Death of child while under medical care — Refusal by Secretary of State to fund legal representation of family at inquest — Whether in circumstances discharge of State's obligations under ECHR Article 2 required funding to be provided
Rachel Louise Dowson v Sunderland Hospitals NHS Trust
[2004] Lloyd's Rep Med 177
Hypoxia during labour — Neonatal stroke — Cause of stroke unknown — Medical literature unsupportive of asphyxial cause for stroke — Nature and scope of duty of care — Breach of duty
An NHS Trust v HM
[2004] Lloyd's Rep Med 207
The inherent jurisdiction of the court — Adult patient lacking capacity — Trust seeking an order that proposed medical treatment was lawful — Best interests of the patient — Reporting restriction order — Order restricting identification of the patient
EP v Trusts A, B & C
[2004] Lloyd's Rep Med 211
Medical treatment — Declaration as to lawfulness of proposed treatment — Intracerebral infusion with Pentosan Polysulphate (“PPS”) — Innovative form of treatment previously only given to one patient — Claimant suffering with variant Creutzfeldt-Jakob Disease and lacking capacity to consent — Claimant's parents wishing him to receive treatment — Whether treatment would be in the best interests of the claimant
Kataria v Essex Strategic Health Authority
[2004] Lloyd's Rep Med 215
National Health Service Act 1977, section 49N(7) — Role of FHSAA on review — Allegations of bias — Proportionality
R v East London & The City Mental Health NHS Trust
[2004] Lloyd's Rep Med 228
Mental Health Act 1983 — Judicial Review — Mental Health Review Tribunal (MHRT) — Discharge by MHRT — Further application for detention by Approved Social Worker — Lawfulness of re-detention — Unlawful if object to nullify decision of MHRT with which applicant disagrees — Whether requirement for change in circumstances — Requirement for applicant to give reasons for re-application
Simms v Simms & Anr
[2004] Lloyd's Rep Med 236
Experimental medical treatment — Variant Creutzfeldt-Jakob disease (vCJD) — Capacity to consent to treatment — Whether Bolam test satisfied — Whether risks of treatment were unacceptable — Concept of benefit to patient — Articles 2 and 8 ECHR — Weight to be attached to parents' views — Whether experimental treatment lawful and in patient's best interests — Declaratory relief
Chaudhury v General Medical Council
[2004] Lloyd's Rep Med 251
Professional performance procedures of the General Medical Council — Scope of appeals to the court — Approach to be adopted by the Committee on Professional Performance in considering decisions affecting a medical practitioner's registration — Whether the European Convention doctrine of proportionality applicable
In Re McKerr (Northern Ireland)
[2004] Lloyd's Rep Med 263
Judicial Review — Article 2 of the European Convention on Human Rights — Right to life — Duty to investigate — Failure to conduct effective investigation — Human Rights Act 1998 section 6(1) — Human Rights Act 1998 section 7 — Retrospective effect — Continuing failure to comply with duty to investigate — Compensation for non-compliance — Effect of compensation on standing as victim — Duty to investigate at common law
R (Sacker) v West Yorkshire Coroner
[2004] Lloyd's Rep Med 281
Inquest — Prisoner committing suicide — State's duty to take measures to safeguard life — Internal investigation not satisfying the requirement for public scrutiny — Wider meaning of “how” the deceased came by her death
R v HM Coroner for the Western District of Somerset, ex p Middleton
[2004] Lloyd's Rep Med 288
Inquests — ECHR Article 2 — Nature of procedural obligation on state to investigate death where Article 2 may have been violated — Adequacy of coroners” inquests as means of discharging that obligation — Reinterpretation of rule 36 of Coroners Rules 1984 in light of Convention obligations
Re B (a child); Kent County Council v The Mother & Ors
[2004] Lloyd's Rep Med 303
Disclosure of documents from family court private proceedings — Children Act 1989 — Section 12 of the Human Rights Act 1998 — Section 12 of the Administration of Justice Act 1960 — Disclosure of evidence of medical expert in private family proceedings to GMC — Anonymity order for doctor subject of complaint to GMC arising from his evidence in private family proceedings
Page v Plymouth Hospitals NHS Trust
[2004] Lloyd's Rep Med 337
Claimant under a disability — Fund management and investment charges — Recoverability — Lord Chancellor prescribing discount rate — Preliminary issue
Council for Regulation of Health Care Professionals v GMC
[2004] Lloyd's Rep Med 365
Judicial review — Disciplinary proceedings — General Medical Council — Professional Conduct Committee — Council for the Regulation of Health Care Professionals — Scope of power to refer to court an acquittal of a healthcare professional by disciplinary body — Section 29 of the National Health Service Reform and Health Care Professions Act 2002 — Whether a further investigation restricts the ability of Council for the Regulation of Health Care Professionals to refer — Section 26 of the National Health Service Reform and Health Care Professions Act 2002
Council for Regulation of Health Care Professionals v GMC
[2004] Lloyd's Rep Med 377
Disciplinary proceedings — Appeal to High Court by Council for the Regulation of Health Care Professionals pursuant to section 29 of the National Health Service Reform and Health Care Professionals Act 2002 — Unduly lenient decision — Test to be applied — Whether decision of Professional Conduct Committee unduly lenient on facts
Mahfouz v Professional Conduct Committee of the GMC
[2004] LS Law Med 389
General Medical Council — Professional Conduct Committee — Apparent bias — Role of legal assessor — Whether judicial review appropriate
R (Longstaff) v Newcastle NHS Primary Care Trust
[2004] Lloyd's Rep Med 400
Funding of treatment — Judicial review — Plasma and recombinant Factor VIII — Application of government guidance — Duty to act fairly — Disability discrimination
Karen Janet Eagle v Garth Maynard Chambers
[2004] Lloyd's Rep Med 413
Quantum — Claim for brokers' fees by patient — Use of state benefits to mitigate loss — Deductibility of travel expenses — Evidence for deductibility of items provided by the state — Test of no real choice applied to claim for increased cigarette consumption — Disallowance of claim for interest following inexcusable delay.
The NHS Trust v Ms T
[2004] Lloyd's Rep Med 433
Medical treatment decision — Blood transfusions — Capacity — Consent — Best interests — Whether court able to grant an interim declaration — Civil Procedure Rules 25.1(1)(b)
R (Burke) v General Medical Council
[2004] Lloyd's Rep Med 451
Medical treatment — Judicial review — Declaration as to lawfulness of GMC guidance — Declaration as to lawfulness of treatment — Best interests of patient — European Convention for the Protection of Human Rights Articles 2, 3, 6, 8, and 14 — The doctor's duty to care. — [2004] EWHC 1879 (Admin)
B v South Tyneside Health Care NHS Trust
[2004] LS Law Med 505
Negligence — Wrongful birth — Ultrasonography — Alleged negligent failure to detect fetal anomaly on ultrasound scan at 19 weeks” gestation.
Carruthers v General Medical Council
[2004] Lloyd's Rep Med 514
Serious professional misconduct — Medical practice through a website — Undermining management of another practitioner's patient — Constitution of Professional Conduct Committee — Conditions imposed on registration inappropriate and disproportionate — Whether appeal of order for conditions should be to court or to Professional Conduct Committee on a resumed hearing.
Godden & Ors v Kent & Medway Strategic HA
[2004] Lloyd's Rep Med 521
Negligence — Statutory duty — Common law duty — Duty of care — Health authorities — General practitioners — Duties of health authorities under section 29 National Health Service Act 1977 — Vicarious liability.
Ward v The Leeds Teaching Hospitals NHS Trust
[2004] Lloyd's Rep Med 530
Psychiatric injury — Secondary victim — Death of daughter in hospital — Post traumatic stress disorder — Adjustment disorder — Causation.
P v Leeds Teaching Hospital NHS Trust
[2004] Lloyd's Rep Med 537
Negligence — Wrongful birth — Ultrasonography — Antenatal care — Fetal anomaly scan — Failure to identify fetal defects — Standard of care — Specialist centre — High standard of care — Failure to exercise necessary high standard.