- Home/Publications/Medical Law Reports
BAYNHAM (A CHILD AND PROTECTED PARTY BY HER LITIGATION FRIEND SARAH JANE BAYNHAM) v ROYAL WOLVERHAMPTON HOSPITALS NHS TRUST
[2017] Med LR 1
Clinical negligence - Appeal - Application to adduce fresh evidence on appeal - Role of appellate court in reviewing findings of lower court on disputed expert evidence and literature.
WATTS v THE SECRETARY OF STATE FOR HEALTH
[2017] Med LR 14
Clinical negligence – Obstetric negligence – Shoulder dystocia – Brachial plexus injury – Posterior or anterior shoulder – Posterior shoulder theory – Appropriate contemporary standards for assessment of obstetric negligence – Correct approach to giving expert evidence.
TINSLEY (BY HIS LITIGATION FRIEND AND PROPERTY AND AFFAIRS DEPUTY HUGH JONES) v MANCHESTER CITY COUNCIL (SOUTH MANCHESTER CLINICAL COMMISSIONING GROUP, INTERESTED PARTY)
[2017] Med LR 28
Mental Health Act 1983, section 117 - Aftercare services - Eligibility - Entitlement to take account of personal injury damages - Double recovery - Duties of a Deputy.
JS v M AND F RE JS (DISPOSAL OF BODY)
[2017] Med LR 37
Children – Dead body – Method of disposal – Effect of deceased's wishes – Prospective resolution of disputes.
KHAN v GENERAL PHARMACEUTICAL COUNCIL
[2017] Med LR 49
General Pharmaceutical Council Fitness to Practise Committee - Ambit of Committee's powers on review of suspension previously ordered - Whether Committee can order further suspension to reflect gravity of registrant's original misconduct.
HENDERSON v DORSET HEALTHCARE UNIVERSITY FOUNDATION NHS TRUST
[2017] Med LR 57
Clinical negligence – Claimant's application to amend pleading to bring HRA claim – Whether new claim adequately pleaded – Whether to grant additional time to perfect pleading – Whether CPR 17.4 engaged – Whether amendment arising from same or substantially same facts – Effect of amendment on preliminary issue hearing – Whether to exercise discretion in favour of amendment.
HENDERSON (A PROTECTED PARTY BY HER LITIGATION FRIEND THE OFFICIAL SOLICITOR) v DORSET HEALTHCARE UNIVERSITY NHS FOUNDATION TRUST
[2017] Med LR 69
Clinical negligence - Illegality - Ex turpi causa non oritur action - Claim arising out of manslaughter by reason of diminished responsibility - Whether claim permissible where claimant's responsibility for homicide not significant.
BRIGGS v BRIGGS (BY HIS LITIGATION FRIEND THE OFFICIAL SOLICITOR) AND OTHERS
[2017] Med LR 88
Minimally conscious state - Withdrawal of clinically assisted nutrition and hydration - Consent to treatment - Best interests - Preservation of life - Self-determination - Wishes and feelings of incapacitated person - Mental Capacity Act 2005.
WEBSTER (A CHILD AND PROTECTED PARTY, BY HIS MOTHER AND LITIGATION FRIEND, BUTLER) v BURTON HOSPITALS NHS FOUNDATION TRUST
[2017] Med LR 113
Clinical negligence – Doctor's duty to advise – Warning of risks – Patient's choice of treatment.
EXP v BARKER
[2017] Med LR 121
Clinical negligence – Expert witnesses – Conflict of interest – Expert's duty to the court – Bias – neuroradiologists and neurosurgeons – Bolam test – Reasonable or responsible body of medical opinion – MRI – Failure to identify and report – Missed aneurysm.
MANNA (A CHILD AND PROTECTED PARTY BY HIS FATHER AND LITIGATION FRIEND MANNA) v CENTRAL MANCHESTER UNIVERSITY HOSPITALS NHS FOUNDATION TRUST
[2017] Med LR 132
Quantum – Clinical negligence – Damages – Accommodation claim for an additional new property – Indemnity costs.
MULLER v KING'S COLLEGE HOSPITAL NHS FOUNDATION TRUST
[2017] Med LR 142
Clinical negligence – Healthcare – Breach of Duty of Care – Standard of Care – Bolam test – Bolitho exception – Diagnosis – Omission – Error in Diagnosis – Hindsight bias.
R (FERREIRA) v HM SENIOR CORONER FOR INNER SOUTH LONDON KING'S COLLEGE HOSPITAL NHS FOUNDATION TRUST, INTERESTED PARTY THE INTENSIVE CARE SOCIETY AND THE FACULTY OF INTENSIVE CARE MEDICINE, SECRETARY OF STATE FOR HEALTH AND SECRETARY OF STATE FOR JUSTICE, INTERVENERS
[2017] Med LR 161
Inquests – Coroner's duty to empanel a jury – Whether keeping an adult or child who lacks capacity in intensive care in hospital for treatment amounts to deprivation of liberty under article 5(1) of the European Convention on Human Rights – If so does that amount to “state detention” under the Coroners and Justice Act 2009.
WHITE v PHILIPS
[2017] Med LR 180
Testamentary capacity – Burden of proof – Relevance of expert medical evidence.
NEWELL-AUSTIN v SOLICITORS REGULATORY AUTHORITY
[2017] Med LR 194
Duty of maintaining integrity in professional context – Whether lack of integrity synonymous with dishonesty – Correct test for finding lack of integrity.
R (ORIAKU) v NURSING AND MIDWIFERY COUNCIL
[2017] Med LR 207
Judicial Review – Standing – Delay – Complaints – Allegations against other nurses – Registrar's discretion – Notification of complaint.
BARNETT v MEDWAY NHS FOUNDATION TRUST
[2017] Med LR 217
Clinical negligence – Causation of injury – Analysis of expert evidence – Whether evidence sufficient to satisfy burden of proof.
SECRETARY OF STATE FOR JUSTICE v MM; WELSH MINISTERS v PJ
[2017] Med LR 230
Deprivation of liberty – Hospital orders and restriction orders – Conditional discharge under restriction order – Conditional discharge where conditions imposed were a deprivation of liberty – Powers of First-tier Tribunal – Mental Health Review Tribunal for Wales and Upper Tribunal – Community treatment orders – Power of Mental Health Review Tribunal for Wales or First-tier Tribunal to vary community treatment orders.
DARNLEY v CROYDON HEALTH SERVICES NHS TRUST
[2017] Med LR 245
Duty of Care – Scope of Duty – Fair, just and reasonable – Receptionist – Accident & Emergency Department – Triage – Head injury – Responsibility of patient.
SULLIVAN (AS PERSONAL REPRESENTATIVE OF THE ESTATE OF SULLIVAN) v GUY'S AND ST THOMAS’ NHS FOUNDATION TRUST
[2017] Med LR 260
Clinical negligence – Breach of duty – Causation – Established practice – Paediatric cardiac surgery – Patient temperature during circulatory arrest.
FB (SUING BY HER MOTHER AND LITIGATION FRIEND, WAC) v PRINCESS ALEXANDRA HOSPITAL NHS TRUST
[2017] Med LR 279
Clinical negligence - Healthcare - Breach of duty of care - Standard of care - Bolam Test - Trainee - Whether a different standard owed by a trainee and a consultant.
CORREIA v UNIVERSITY HOSPITAL OF NORTH STAFFORDSHIRE NHS TRUST
[2017] Med LR 292
Clinical negligence – Breach of duty and causation – Consent to three-stage operation – Whether consent vitiated by negligently performed lesser operation – Whether lack of warning of injury from negligently performed operation was actionable – Appellate court's approach to findings of fact – Sufficiency of reasons for rejecting expert evidence.
THE PROFESSIONAL STANDARDS AUTHORITY v THE HEALTH AND CARE PROFESSIONS COUNCIL AND DOREE
[2017] Med LR 301
Health and Care Professions Council – Conduct and Competence Committee – Whether sanction imposed on registrant for misconduct unduly lenient – Status of Indicative Sanctions Policy – Whether correctly applied – Whether registrant's insight into misconduct correctly assessed – Whether undue weight given to misconduct not having involved patients – Whether allegations should have been amended rather than dismissed following limited findings of fact.
THEFAUT v JOHNSTON
[2017] Med LR 319
Consent – Clinical negligence – Breach of duty – Causation – Medical treatment – Insufficiency of evidence – Expert evidence – Impartiality – Lay witnesses – Witness summons.
R (A AND B) v SECRETARY OF STATE FOR HEALTH
[2017] Med LR 347
Abortion – National Health Service – Access to abortion in England – Residence based system – Ordinary residence – Northern Ireland – Discrimination – National Health Service Act 2006 – European Convention on Human Rights.
ABC v ST GEORGE’S HEALTHCARE NHS TRUST AND OTHERS
[2017] Med LR 368
Duty of care – Clinical negligence – Confidential medical information – Whether arguable duty to disclose to third party who might be harmed by non-disclosure.
GENERAL MEDICAL COUNCIL v JAGJIVAN AND ANOTHER
[2017] Med LR 380
General Medical Council – Appeals by the GMC under Medical Act 1983, section 40A – Jurisdiction to hear appeal against finding of no impairment – Guidance on approach to appeals under section 40A.
RE (A MINOR BY HER MOTHER AND LITIGATION FRIEND LE) AND OTHERS v CALDERDALE & HUDDERSFIELD NHS FOUNDATION TRUST
[2017] Med LR 390
Clinical negligence – Obstetric injury – Shoulder dystocia – Nervous shock – Primary and secondary victims.
SHAW (THE PERSONAL REPRESENTATIVE OF THE ESTATE OF EWAN (DECEASED)) v KOVAC AND ANOTHER
[2017] Med LR 403
Clinical negligence – Healthcare – Consent – Personal autonomy – Damages – Vindicatory damages – Compensatory damages – Conventional award – Recusal.
YATES AND ANOTHER v GREAT ORMOND STREET HOSPITAL FOR CHILDREN NHS FOUNDATION TRUST AND ANOTHER
[2017] Med LR 417
Children – Medical treatment – Best interests – Withdrawal of treatment – Parents’ views – Alternative treatment proposed by parents – Futile treatment – Significant harm – Appropriate test where parents propose viable alternative treatment.
MAGILL (EXECUTOR OF MAGILL DECEASED) v PANEL SYSTEMS (DB LTD)
[2017] Med LR 440
Personal injury – Medical cause of death – Causative effect of breach of duty – Assessment of life expectancy – Widow's entitlement to damages for loss of services and husband's care and attention.
VILCA AND OTHERS v XSTRATA LTD AND ANOTHER
[2017] Med LR 457
Application to extend time for service of new expert evidence – Case management powers – Whether change of expert was expert shopping – Whether court should impose condition of disclosure of prior expert evidence.
R v ROSE
[2017] Med LR 465
Manslaughter by gross negligence – Foreseeability – Reasonable foreseeability of serious and obvious risk of death – Opticians.
IRVINE v GENERAL MEDICAL COUNCIL
[2017] Med LR 482
Medical Practitioners Tribunal – General Medical Council – Requirement to take out adequate insurance or professional indemnity cover – Whether effective contracts concluded – Whether dishonesty involved – Whether sanction of erasure justified.
IN THE MATTER OF X (A CHILD) (NO 4)
[2017] Med LR 500
Judicial pressure – Commissioning – National arrangements for provision of low secure mental health care – Lack of beds – Severely disturbed child.
R (CONWAY) v THE SECRETARY OF STATE FOR JUSTICE ((1) HUMANISTS UK, (2) CARE NOT KILLING (3) ND YET UK, INTERVENORS) (THE CROWN PROSECUTION SERVICE AND ATTORNEY GENERAL, INTERESTED PARTIES)
[2017] Med LR 507
Medical ethics – Prohibition against assistance for suicide – Compatibility of the Suicide Act 1961 with article 8 ECHR – Justification of interference with article 8 rights – Importance of Parliament as decision maker.
GENERAL MEDICAL COUNCIL v STONE
[2017] Med LR 530
Medical Practitioners Tribunal Service – Inappropriate relationship with patient – Dishonesty – Sanction – Failure to properly consider Indicative Sanctions Guidance – Reasons.
XX v WHITTINGTON HOSPITAL NHS TRUST
[2017] Med LR 545
Surrogacy – Commercial surrogacy – Non-profit surrogacy – Donor eggs – Foreign surrogacy – Domestic surrogacy – Restorative compensation – Life expectancy – Provisional damages – Provisional damages for risk of psychological deterioration – Assessment for loss of earnings – Handicap on the labour market.
M (BY HER LITIGATION FRIEND, Mrs B) v A HOSPITAL
[2017] Med LR 558
Medical treatment – Mental capacity – Best interests – Minimally conscious state – Withdrawal of clinically assisted nutrition and hydration – Whether court approval legally required in case of agreement – Litigation friend – Suitability of family member as litigation friend.
SYSMEX (UK) LTD v IMPERIAL COLLEGE HEALTHCARE NHS TRUST
[2017] Med LR 569
Procurement – Health services’ managed services contract – Request to lift automatic suspension of ability to enter into contract – Public Contracts Regulations 2015 (SI 2015 No 102), reg 96 – Whether damages an adequate remedy – Balance of convenience – Meaning of “public interest”.