i-law

Medical Law Reports Plus

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

ISMAIL v JOYCE

[2021] Med LR Plus 10
Clinical negligence - Breach of duty - Witness evidence

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

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

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