28 October 2020 - Written by Christopher Lowe
Informed Consent: Where Are We Now?
In Montgomery v Lanarkshire Health Board [2015] 1 AC 1430, the Supreme Court held that "[t]he doctor is ... under a duty to take reasonable care to ensure that the patient is aware of any material risks involved in any recommended treatment, and...
19 August 2020 - Written by Patrick Limb QC
Contributory Negligence in Clinical Negligence Cases
Travel back seven decades: the Law Reform (Contributory Negligence) Act 1945 was given Royal Assent on 15 June 1945; three years later, on 5 July 1948, the NHS was founded. At the level of principle, the statute effected a radical ...
30 June 2020 - Written by Cassandra Williams
Proving Causation in Clinical Negligence Claims: Pitfalls and Hurdles
In the context of clinical negligence cases, causation can be just as tricky to establish as breach, perhaps even more so. The difficulties arise in part because many of these cases involve Claimants who were injured or ill before seeking the treatment or advice that ...
21 April 2020 - Written by Thomas Herbert
Recovering Inquest Costs in Subsequent Civil Proceedings
It is well-known that, in principle, the costs of an inquest are recoverable in a subsequent clinical negligence claim. The leading case in this regard, also well-known, is Roach v Home Office [2010] QB 256. Ever...
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For many years we have acted in cases across the spectrum of clinical negligence litigation, ranging from smaller claims arising from dental treatment and minor cosmetic surgery to the most serious cases of birth and catastrophic injury and fatality. The depth of experience in our Clinical Negligence Team allows us to meet all levels of requirement.
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Sadly, some medical errors result in the death of the patient and we are able to provide expertise in advising and representation at inquests and in subsequent civil claims for damages.
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