3 February 2022 - Written by Richard Seabrook
Identifying and Proving Breach of Duty Relating to Ambulance Response Time
When you call for an ambulance, you generally want it now. To you, it’s an emergency and an emergency requires an immediate response. The reality of a modern NHS generally and Ambulance Trusts specifically mean that such an e...
25 January 2022 - Written by Alexandra Pountney
Causation Strikes Again: Dalchow v St George's University NHS Foundation Trust
On 20 January 2022, Hugh Southey QC (sitting as a Deputy Judge of the High Court) handed down judgment in the case of Dalchow v St George’s University NHS Foundation Trust [2...
7 December 2021 - Written by Philip Godfrey
Records vs Recollections: HTR v Nottingham University Hospitals NHS Trust
What approach should the court take when there is a fundamental dispute of fact between an individual’s recollection given in witness evidence and contemporaneous medical records? This was the issue in the trial of HTR v Nottingham University Hospitals NHS T...
11 November 2021 - Written by Jonathan Owen
Castello v Gonschior: The Importance of Choosing the Right Discipline of Expert in Clinical Negligence Claims & the Limitations of Res Ipsa Loquitur
In Castello v Gonschior [2021] EWHC 2742 (QB), Lambert J provides an important reminder of the importance of choosing the right experts and an example of the relevance, or lack of relev...
19 October 2021 - Written by Georgina Cursham
Costs Order Against Dental Expert Who Showed a Flagrant & Reckless Disregard for His Duties to the Court
Having blanked his screen and left the ongoing court proceedings to pick up his son from school, the Claimant’s expert witness in Robinson v (1) Liverpool University Hospital NHS Foundation Trust (2) Mercier ...
12 October 2021 - Written by Philip Godfrey
Breach of Duty and Hospital Guidelines: Thorley v Sandwell & West Birmingham Hospitals NHS Trust [2021] EWHC 2604 (QB)
This case considered the interplay between hospital guidelines and breach of duty in the clinical negligence setting. In summary, the Court found that: The guideline relied upon by the Claimant did not apply to the procedure...
24 June 2021 - Written by Rochelle Rong & Alexandra Pountney
Meadows v Khan in the Supreme Court: Scope of Duty in Clinical Negligence Claims
In Meadows v Khan [2021] UKSC 21, the Supreme Court unanimously dismissed Ms Meadows' appeal, finding that there was no principled basis for excluding a clinical negligence claim from the ambit of the 'scope of duty principle' in the tort of negligence. The j...
29 April 2021 - Written by Patrick Limb QC
Cauda Equina: Tells & Tales About the "Horse's Tail"
Cauda equina syndrome is a rare and severe type of spinal stenosis. A narrowing of the spinal canal causes the nerves in the lower back to become severely compressed. Typically, but not exclusively, it results from a prolapsed disc bulge. The condition requires urgent...
20 April 2021 - Written by Cassandra Williams
Clinical Negligence Cases: When the Bolam Test Does Not Apply
The law requires medical practitioners to use diligence, care, knowledge, skill and caution in administering treatment to a patient. The question of whether a medical practitioner has met the requisite standard of care is often considered by reference to the test laid...
12 April 2021 - Written by Edward James
High Court Considers Whether Cardiac Surgery Leading to Re-Do Surgery Was Negligent
In Negus v Guy’s and St Thomas’ NHS Foundation Trust [2021] EWHC 643 (QB), the High Court considered whether an NHS Trust was...
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